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NATIONAL NURSES ORG. COMM. v. MIDWEST DIVISION MMC

No. 21-3146.

70 F.4th 1315 (2023)

NATIONAL NURSES ORGANIZING COMMITTEE, MISSOURI & KANSAS/NATIONAL NURSES UNITED, Plaintiff-Appellant, v. MIDWEST DIVISION MMC, LLC, d/b/a Menorah Medical Center, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

FILED June 13, 2023.

Attorney(s) appearing for the Case

Micah L. Berul , National Nurses Organizing Committee/National Nurses United ( Jason R. McClitis and Quinlan B. Moll , Blake & Uhlig, P.A., Kansas City, Kansas, with him on the brief), Oakland, California, for Plaintiff-Appellant National Nurses Organizing Committee-Missouri & Kansas/National Nurses United.

Corey L. Franklin , FordHarrison, LLP, Clayton Missouri, for Defendant-Appellee Midwest Division MMC, LLC, d/b/a Menorah Medical Center.

Before TYMKOVICH, CARSON, and ROSSMAN, Circuit Judges.

The Supreme Court regularly reminds us of the federal policy favoring arbitration. Although this policy results in a presumption of arbitrability, a party may rebut that presumption. We cannot require a party to arbitrate a dispute that it has not agreed to arbitrate. Today we face such a situation. Plaintiff National Nurses...

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