Supreme Court of Alabama
Jimmy E. Nation v. Lydmar Revocable Trust
September 22, 2017251 So. 3d 784
Summary
The Supreme Court of Alabama held that the defendants satisfied their burden to establish an enforceable arbitration agreement covering Lydmar's breach-of-contract claim and a transaction affecting interstate commerce. It further held that neither the agreement nor the incorporated arbitration rules required the defendants to initiate arbitration, so their failure to do so did not waive arbitration. The court reversed the circuit court's return of the case to the active docket and remanded for further proceedings consistent with its opinion.