Roake v. Whittington

Plaintiff filed a lawsuit against defendants under the Limited Liability Company Act. The defendant moved to dismiss and to compel arbitration. The circuit court denied the motion, finding that the claims fell outside the arbitration clause of the parties’ operating agreement and the defendant appealed. The appellate court reversed, finding that the question of whether plaintiff’s claims arose only by statute or out of the operating agreement, or a combination of the two, was a question for the arbitrator to decide in order to determine arbitrability. (HOLDRIDGE and BRENNAN, concurring)