Sr. Kate Reid, et al v. Doe Run Resources Corp., et al, No. 12-1065 (8th Cir. 2012)
Annotate this CasePlaintiffs, thirty-five children living near a smelting facility in Peru, alleged that environmental contamination injured them. Plaintiffs claimed that contamination was caused by the owners and operators of the facility. Defendants' associate, Renco, is currently arbitrating related claims with Peru. Defendants moved to stay the proceedings pending the outcome of the arbitration. The court held that the issues in the arbitration could conceivably affect the outcome of this case and the case was properly removed under 9 U.S.C. 205 and that the court did not have pendant appellate jurisdiction over defendants' discretionary-stay claim. The court also held that the issues in this case relate to the arbitration but were not referable to arbitration. Accordingly, the district court properly denied a mandatory stay under 9 U.S.C. 3.
Court Description: Civil case - Arbitration. In action on behalf of Peruvian children alleging they were injured by environmental contamination at defendants' lead mine, the district court did not err in denying defendants' motion to stay the case pending the outcome of arbitration with Peru; joining the Fifth and Ninth Circuits, this court hold that a case may be removed to federal court under 9 U.S.C. Sec. 205 if the arbitration could conceivably affect the outcome of the case; this court did not have pendent appellate jurisdiction over defendants' discretionary-stay claim; with respect to defendants' motion for a mandatory stay pending the outcome of the arbitration, the district court did not err in denying the motion as the issues in the case are not referable to arbitration under 9 U.S.C. Sec. 3.
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