Fetzer v. Miley

Citations

• 2019 Ohio 4578

Syllabus

Motion to compel arbitration motion to stay proceedings pending arbitration R.C. 2711.02(B) R.C. 2711.03(A) arbitrability tort and statutory claims waiver. Trial court did not err in granting appellees' motion to compel arbitration and to stay proceedings pending arbitration. Based on the language of the arbitration provision and the factual allegations of appellant's complaint, appellant's claims for tortious interference with contract, unfair competition, violation of the Ohio Uniform Trade Secrets Act and breach of loyalty against its former employees were within the scope of arbitration provision. Appellant waived the issue of whether it had the right to bring a court action for preliminary injunctive relief where it did not mention the injunctive relief provision in its filings below and never otherwise pursued its request for preliminary injunctive relief below. Trial court's judgment modified to clarify that it was only parties to the arbitration agreement who were compelled to arbitrate their claims.