HUFFMAN v. HILLTOP COMPANIES, LLC

No. 13-3938.

747 F.3d 391 (2014)

Cynthia HUFFMAN, et al., Plaintiffs-Appellees, v. The HILLTOP COMPANIES, LLC, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: March 27, 2014.


Attorney(s) appearing for the Case

ARGUED: Matthew C. Blickensderfer , Frost Brown Todd LLC, Cincinnati, Ohio, for Appellant. Adam W. Hansen , Nichols Kaster, LLP, San Francisco, California, for Appellees. ON BRIEF: Matthew C. Blickensderfer , Eugene Droder III , Frost Brown Todd LLC, Cincinnati, Ohio, for Appellant. Adam W. Hansen , Nichols Kaster, LLP, San Francisco, California, Rachhana T. Srey , Nichols Kaster, PLLP, Minneapolis, Minnesota, for Appellees.

Before: GILMAN, COOK, and McKEAGUE, Circuit Judges.


OPINION

McKEAGUE, Circuit Judge.

This case involves multiple individuals who were once employed by The Hilltop Companies. Each individual executed an employment agreement with Hilltop that contained both an arbitration clause and a survival clause, but the survival clause did not list the arbitration clause. At the heart of this dispute is whether the strong presumption in favor of arbitration controls, or whether the omission of the arbitration clause from...

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