State ex rel. Pinkerton v. Honorable Joel P. FahnestockAnnotate this Case
Steven Pinkerton sought a writ of mandamus or prohibition requiring the circuit court to overrule a motion to compel arbitration filed by the Aviation Institute of Maintenance (the school). After Pinkerton graduated from the school and received his temporary airman certificate from the federal aviation administration and was still unable to find employment in the aviation field, Pinkerton sued the school. The circuit court sustained the school’s motion to compel arbitration. On appeal, Pinkerton argued that the circuit court erred in sustaining the school’s motion to compel arbitration due to issues surrounding the provision that the parties agreed to delegate threshold issues of arbitrability to the arbitrator. The Supreme Court ruled that the circuit court properly sustained the school’s motion to compel arbitration, holding (1) the arbitration agreement clear and unmistakably evidenced the parties’ intent to delegate threshold issues of arbitrability to the arbitrator; and (2) because Pinkerton’s only specific challenge to the delegation provision was without merit, the delegation provision was valid and enforceable.