Burlile v. McCluskey Chevrolet-Geo, Inc.
Burlile v. McCluskey Chevrolet-Geo, Inc.
Opinion of the Court
ORDER
Paula and Jerry Burlile, pro se Ohio residents, appeal a district court judgment dismissing their civil action brought pursuant to 15 U.S.C. § 1681 et seq., 28 U.S.C. § 1331, Ohio Rev.Code § 1545.01 et seq., and various state tort claims. This case has been referred to a panel of the court pursuant to Rule 34(j)(l), Rules of the Sixth Circuit. Upon examination, this panel unanimously agrees that oral argument is not needed. Fed. R.App. P. 34(a).
Seeking monetary relief, the Burliles sued McCluskey Chevrolet-Geo, Inc. concerning the repossession of a car which McCluskey had sold them. The district court granted summary judgment to McCluskey noting that under the sales contract which the Burliles had signed, the parties were required to arbitrate their dispute.
In their timely appeal, the Burliles argue that the district court erred in considering only the contract between the parties and not the actions of McCluskey, that McCluskey breached its contract, that they were without notice of the arbitration clause, and that McCluskey was guilty of unlawful possession of the car.
The district court’s judgment is reviewed de novo. See Holloway v. Brush, 220 F.3d 767, 772 (6th Cir. 2000).
Under Ohio law, courts are to enforce valid arbitration clauses. See ABM Farms, Inc. v. Woods, 81 Ohio St.3d 498, 692 N.E.2d 574, 576-77 (1998). To defeat an arbitration clause, a claimant must demonstrate that the arbitration clause was fraudulently induced. Id. at 577-78. The classic claim of fraudulent inducement asserts that a misrepresentation of fact outside the contract or other wrongful conduct induced a party to enter into a contract. Examples include a party to the release misrepresenting the economic value of the released claim, or one party applying coercion or duress to cause the other party to sign the agreement. Id. at 578. The Burliles allege that McClus-
Accordingly, we affirm the district court’s judgment. Rule 34(j)(2)(C), Rules of the Sixth Circuit.
Reference
- Full Case Name
- Paula BURLILE Jerry Burlile v. MCCLUSKEY CHEVROLET-GEO, INC.
- Cited By
- 1 case
- Status
- Published