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Haber v. Biomet, Inc., No. 08-1670

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By FindLaw Staff on August 21, 2009 2:36 PM

In a contract case involving two separate agreements involving the applicability of an arbitration clause in the latter of the two agreements, dismissal of the case is affirmed where: 1) res judicata bars consideration of the arbitrability issue as a state court already reached that issue and resolved it with sufficient finality; and 2) a finding of improper venue was proper as only the district court in the particular forum of the forum selection clause can issue an order compelling arbitration. 

Read Haber v. Biomet, Inc., No. 08-1670


Appellate Information

Appeal from the United States District Court for the Northern District of Illinois, Eastern Division.
Argued February 17, 2009
Decided August 20, 2009


Before Posner, Kanne, and Wood Circuit Judges 
Opinion by Wood, Circuit Judge.

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