Weingarten Realty Investors v. Miller

This case arose when plaintiff and defendant created a joint venture where plaintiff loaned the joint venture $75,000,000 under a Loan Agreement which contained an arbitration clause. Defendant did not sign the Loan Agreement individually but did sign a third-party guarantee (Limited Guarantee) for the loan on the same day the Loan Agreement was executed. Plaintiff subsequently sued defendant pursuant to the Limited Guarantee and defendant sought arbitration. The district court denied a motion to compel arbitration because defendant was not a party to any Loan Document. Defendant appealed and the district court denied his motion for a stay pending appeal. Defendant appealed the denial of the stay and plaintiff moved for summary affirmance of the denial of the motion to compel. The court held that there was no automatic stay and that under the circumstances of the case, defendant was not entitled to a stay. Therefore, the motion for summary affirmance was carried with the case. View "Weingarten Realty Investors v. Miller" on Justia Law