DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
121065P.pdf 11/13/2012 Sr. Kate Reid v. Doe Run Resources Corp.
U.S. Court of Appeals Case No: 12-1065
and No: 12-1067
and No: 12-1079
and No: 12-1080
and No: 12-1081
and No: 12-1084
and No: 12-1086
and No: 12-1087
and No: 12-1088
and No: 12-1092
and No: 12-1095
U.S. District Court for the Eastern District of Missouri - St. Louis
[PUBLISHED] [Benton, Author, with Melloy, Circuit Judge, and
Baker, District Judge]
Civil case - Arbitration. In action on behalf of Peruvian children
alleging they were injured by environmental contamination at defendants'
lead mine, the district court did not err in denying defendants' motion to
stay the case pending the outcome of arbitration with Peru; joining the
Fifth and Ninth Circuits, this court hold that a case may be removed to
federal court under 9 U.S.C. Sec. 205 if the arbitration could conceivably
affect the outcome of the case; this court did not have pendent appellate
jurisdiction over defendants' discretionary-stay claim; with respect to
defendants' motion for a mandatory stay pending the outcome of the
arbitration, the district court did not err in denying the motion as the
issues in the case are not referable to arbitration under 9 U.S.C. Sec. 3.