CONTRACT DISPUTE

Von Arras v Columbus Radiology Corp., No. 04AP-934 (Ohio Ct. App. May 24, 2005)

A radiologist brought suit in Ohio state court, alleging a number of claims arising from her termination by her radiology group. The radiologist signed a group contract which contained an arbitration clause by which any dispute arising in connection with her employment would be settled by arbitration. However, in response to her termination, the radiologist brought suit in state court and refused to submit the matter to arbitration. The radiologist contended that because her argument was based on public policy, a court of law was the correct place for the matter to be heard. However, the Court of Appeals emphasized the heavy burden against disregarding an arbitration provision. Furthermore, the Court of Appeals stated that the question of whether a matter is arbitrable is to be decided by the arbitrator and not an independent court. Therefore, the Court of Appeals affirmed the lower court's decision dismissing the radiologist's case.