Utah Court of Appeals Briefs (2020 –)
Docket Number
20180971-CA
Document Type
Petition for Certiorari
Publication Date
2020
Abstract
Three veterinarians entered into an operating agreement in relation to a clinic where they practiced. That agreement contained an arbitration clause. One of the veterinarians orally agreed to buy out one of the other's interests. The seller subsequently sued the buyer and the veterinarian who was not a party to the purchase agreement. She sought dissolution of the entities associated with the clinic; and she raised various other claims, including allegations of breach of contract and breach of the covenant of good faith and fair dealing. Some of the allegations in the complaint, particularly those directed against the non-party to the purchasing agreement, appeared to pertain solely to the operating agreement. The district court determined the contractual and dissolution claims were referable under the arbitration clause. The court of appeals affirmed and adopted a standard established by a federal circuit court for addressing the particular context of evaluating the scope of applicability of arbitration claims. It appears review might be warranted to confirm, clarify, or modify the court of appeals' adoption of that standard.
Rights
Public record document (some rights may be reserved).
Recommended Citation
Utah Court of Appeals, "PASQUARELLO, Plaintiffs/ Appellants v. TCC VETERINARY SERVICES, INC., DR. TYLER S. STIENS, ARTZ VETMED" (2020). Utah Court of Appeals Briefs (2020 –). 43.
https://digitalcommons.law.byu.edu/byu_ca4/43
Comments
Original Brief Submitted to the Utah Court of Appeals; digitized by the Howard W. Hunter Law Library, J. Reuben Clark Law School, Brigham Young University, Provo, Utah; machine-generated OCR, may contain errors.