Supreme Court of Alabama
Olshan Foundation Repair Company of Mobile, Lp v. Florence B. Schultz and Arnold E. Schultz.
October 15, 20102010 Ala. LEXIS 200
Summary
The court held that all of the Schultzes' claims were subject to arbitration under arbitration provisions in the 2006 and 2007 contracts. Mr. Schultz's 2006 claims were arbitrable because the evidence established the contract, its arbitration provision, and interstate commerce; his 2008 claims were arbitrable because the work was shown to relate to the 2007 contract. Mrs. Schultz's tort claims were also arbitrable because she could not establish Olshan's duty without relying on those contracts.