Shell Oil Co. v. CO2 Comm., Inc., No. 08-2281 - U.S. Tenth Circuit
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Shell Oil Co. v. CO2 Comm., Inc., No. 08-2281

In a motion to a district court involved in the ongoing adjudication of a class action settlement regarding whether the settlement committee's arbitration claim against plaintiffs was barred by res judicata, an order referring the res judicata issue to the panel in a prior arbitration regarding the settlement is reversed where the arbitration agreement provided that applicability of the defense must be determined by a new arbitration panel.

Read Shell Oil Co. v. CO2 Comm., Inc., No. 08-2281

Appellate Information

Filed December 21, 2009

Judges

Opinion by Judge Tacha

Counsel

For Appellant:

John M. Cogswell, Cogswell Law Offices, P.C., Buena Vista, CO

For Appellees:

Kent Sullivan, Matthew J. Salzman, and Brian E. Sobczyk, Stinson Morrison Hecker LLP, Kansas City, MO

Mark Rodriguez and Gwen Samora, Vinson & Elkins, LLP, Houston, TX