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.