Berkeley County School District v. HUB International Limited, No. 19-1158 (4th Cir. 2019)
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The Fourth Circuit vacated the district court's denial of appellants' motion to compel arbitration. The complaint alleged claims that were predicated on a massive insurance contract steering and kickback fraud conspiracy that spanned the period from 2001 to 2016.
The court held that the district court failed to resolve -- in the proper manner -- factual disputes regarding whether Berkeley Schools agreed to arbitrate the claims alleged in the complaint. Accordingly, 9 U.S.C. 4 requires that those disputes must be resolved in trial proceedings and thus the court remanded.
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