Green Tree Servicing LLC v. House, No. 17-60164 (5th Cir. 2018)Annotate this Case
The Fifth Circuit affirmed the district court's motion to compel arbitration. Determining that it had jurisdiction and the premature notice of appeal was effective, the court held that the Green Tree Parties had standing to compel arbitration even if some were not signatories to the arbitration. In this case, the House Parties' allegation supported application of Mississippi's intertwined claims test to permit Green Tree and WIMC to compel arbitration as non-signatories. The court also held that the district court did not err in ruling that the parties' express incorporation of the JAMS rules provided clear evidence that they agreed that the arbitrator would decide arbitrability. Finally, the district court correctly referred the question of fraud to the arbitrator.