More than Just Territorial: The 8th Circuit Establishment a Resourceful Precedent in Claiming Jurisdiction over Denials to Compel Arbitration

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Vol: 2010, Issue: 2

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Marshall, Ashley
jurisdiction; circuit court; compel arbitration; denials; Dispute Resolution and Arbitration; Law
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This note argues that the Eighth Circuit's decision to claim jurisdiction in Industrial Wire Products, Inc. v. Costco Wholesale Corp. was practical and resourceful, as that court is better suited to decide matters of contract interpretation. The highly specialized Federal Circuit should devote its time and expertise to governing cases in particular areas of law, like patent litigation and administrative law. This note further argues that the Eighth Circuit preserved judicial resources and adhered to the parties' intentions in holding that the patent infringement claims were required to proceed through arbitration.