NISSAN NORTH AMERICA v. JIM M'LADY OLDSMOBILE

No. 05-1786.

486 F.3d 989 (2007)

NISSAN NORTH AMERICA, INCORPORATED, Plaintiff-Appellant, v. JIM M'LADY OLDSMOBILE, INCORPORATED d/b/a Jim M'Lady Nissan, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided May 11, 2007.


Attorney(s) appearing for the Case

Kevin A. Russell (argued), Latham & Watkins, Chicago, IL, for Plaintiff-Appellant.

James C. Geoly (argued), Ira M. Levin, Burke, Warren, Mackay & Serritella, Chicago, IL, for Defendant-Appellee.

Before BAUER, ROVNER and WILLIAMS, Circuit Judges.


ROVNER, Circuit Judge.

In this successive appeal, Nissan North America, Inc. ("Nissan") challenges the district court's grant of summary judgment in favor of Jim M'Lady Oldsmobile d/b/a/ Jim M'Lady Nissan ("M'Lady").1 The first time the case was before us, we vacated the district court's order compelling arbitration, finding that Nissan had failed to produce sufficient evidence of arbitrability and the court had not given M'Lady an adequate...

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