221817P.pdf   08/10/2023  H&T Fair Hills, Ltd.  v.  Alliance Pipeline L.P.
   U.S. Court of Appeals Case No:  22-1817
   U.S. District Court for the District of Minnesota   
   [PUBLISHED] [Melloy, Author, with Loken and Kobes, Circuit Judges] 
   Civil case - Arbitration. Plaintiffs, landowners on a pipeline 
   right-of-way, filed this class action alleging defendant had violated 
   their contractual rights by failing to pay for crop damages; defendant 
   moved to compel arbitration for the 73% of landowners with arbitration 
   clauses in their easements; the district court found these landowners had 
   agreed to arbitrate some, but not all, of the relevant issues in the 
   dispute. Defendant appeals, arguing the district court erred by not 
   sending all issues to arbitration for those plaintiffs whose easements 
   contained arbitration provisions. Held: the district court properly 
   ordered arbitration of damage issues but erred in carving out three other 
   issues from arbitration; the issue of whether defendant is required to 
   continue a crop loss program in inextricably intertwined with the damage 
   issue, as is the second question - whether plaintiffs must show damages to 
   crops were caused by defendant; the arbitration provisions also cover the 
   final issue of declaratory relief; essentially, the district court must 
   dismiss from the class those members subject to the arbitration 
   agreements, and their claims should be dismissed without prejudice; the 
   law suit can proceed with respect to the class member without arbitration 
   agreements.