082437P.pdf   03/24/2009  Jan Fallo  v.  High Tech Institute
   U.S. Court of Appeals Case No:  08-2437
   U.S. District Court for the Western District of Missouri - Kansas City   
   [PUBLISHED] [Gruender, Author, with Bye and Colloton, Circuit Judges]
   Civil case - arbitration. In suit by students alleging defendant engaged
   in fraudulent misrepresentation, violated the Missouri Merchandising
   Act, negligently trained and supervised employees and breached their
   enrollment agreements, the district court erred when it held that it had
   authority to determine the question of arbitrability of plaintiffs' tort
   claims; the parties' incorporation of AAA Rules is clear and
   unmistakable evidence that they intended to allow an arbitrator to decide
   that question; as a result, the court erred in denying defendant's motion to
   compel arbitration; reversed and remanded with directions to grant the
   motion to compel arbitration and to stay the proceedings.