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Circuit City answered the complaint by filing to have the case moved to the Southern District of Ohio and to compel arbitration. The district court reserved it’s ruling until the 6th circuit ruled on a similar case (Morrison v Circuit City). In question in the Morrison case was the Circuit City arbitration agreement...
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The decision reached by the 6th circuit upheld the Circuit City agreement. At that time the district court ordered the parties to arbitration. All appeals were denied and an arbitrator was appointed in June 2004.
The plaintiff’s attorney made many attempts to avoid the arbitration. According to documentation found on the vlex website the tactics used by the attorney were “failing to conduct discovery, seeking to have the arbitrator removed and refusing to participate in conference calls and hearings†(vlex, 2008)...
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