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SWIGER v. ROSETTE

No. 19-2470.

989 F.3d 501 (2021)

Nicole Marie SWIGER, Plaintiff-Appellee, v. Joel ROSETTE, et al., Defendants, Kenneth Rees, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: March 4, 2021.

Attorney(s) appearing for the Case

ARGUED: David F. Herman , ARMSTRONG TEASDALE LLP, Philadelphia, Pennsylvania, for Appellant. Allan Falk , ALLAN FALK, PC, Okemos, Michigan, for Appellee. ON BRIEF: David F. Herman , Richard L. Scheff , Jonathan P. Boughrum , Michael C. Witsch , ARMSTRONG TEASDALE LLP, Philadelphia, Pennsylvania, for Appellant. Allan Falk , ALLAN FALK, PC, Okemos, Michigan, for Appellee. Patrick O. Daugherty , VAN NESS FELDMAN LLP, Washington, D.C., for Amicus Curiae.

Before: COOK, GRIFFIN, and LARSEN, Circuit Judges.

OPINION

Plaintiff Nicole Swiger and defendant Kenneth Rees disagree on whether they must arbitrate their dispute over an allegedly predatory loan. Because Swiger's arbitration agreement includes an unchallenged provision delegating that question to an arbitrator, the district court exceeded its authority when it undertook...

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