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Civil Procedure — arbitration

By: WISCONSIN LAW JOURNAL STAFF//September 5, 2014//

Civil Procedure — arbitration

By: WISCONSIN LAW JOURNAL STAFF//September 5, 2014//

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U.S. Court of Appeals for the 7th Circuit

Civil

Civil Procedure — arbitration

Where a prisoner filed a frivolous lawsuit and then moved to stay the proceedings pending arbitration, sanctions are appropriate.

“As the district court correctly concluded, there is no plausible basis in the record to support Neal’s assertion that the Bureau of Prisons is bound to arbitrate his petition. The Bureau denies the existence of any arbitration agreement with Neal, and the documents Neal submitted are obvious fabrications. Moreover, the Federal Arbitration Act governs only maritime contracts and contracts involving interstate commerce. See 9 U.S.C. § 1–2; Southland Corp. v. Keating, 465 U.S. 1, 10–11 (1984); Gore v. Alltell Commc’ns, LLC, 666 F.3d 1027, 1032 (7th Cir. 2012). The documents on which Neal relies (setting aside their fraudulent nature) involve neither kind of contract. Because there was no arbitrable claim, the district court did not abuse its discretion in denying the motion to stay and refusing to compel arbitration. See French v. Wachovia Bank, 574 F.3d 830, 834–36 (7th Cir. 2009).”

Affirmed.

14-1165 Neal v. Lariva

Appeal from the United States District Court for the Southern District of Indiana, Magnus-Stinson, J., Wood, J.

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