Writing for the panel, Goodwin reviewed the relevant law on securities cases that mixed arbitrable state claims with non-arbitrable federal one.
12.
Since " Mitsubishi " had explicitly avoided the question of whether purely domestic antitrust claims were arbitrable, lower courts mostly proceeded with caution.
13.
The district court could decide the dispute was not arbitrable, Brennan observed, which would put all the parties in state court as the hospital hoped.
14.
This, Stevens noted, was the first time the Court had held a statutory claim, as opposed to a merely contractual one, to be arbitrable.
15.
Cross initially rebuffed efforts by the justices to ask about the issue still being argued by Soler, that the other statutory claims were non-arbitrable as well.
16.
I do not doubt that innumerable contracts containing arbitration clauses have been written since 1984, or that arbitrable disputes might yet arise out of a large proportion of these contracts.
17.
The factbound question whether the Court of Appeals erred in its ultimate conclusion that the dispute was not arbitrable is beyond the scope of the questions this Court agreed to review.
18.
See Domke s12.02, p . 156 ( issues will be deemed arbitrable unless " it is clear that the arbitration clause has not included " them ).
19.
The Kaplans, however, who had not personally signed that document, denied that their disagreement with First Options was arbitrable and filed written objections to that effect with the arbitration panel.
20.
It told the district court to stay even the RICO claims, however, pending the outcome of " McMahon " at the Supreme Court ( which ruled them arbitrable ).
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