Federal Judge Rejects Builder's Bid to Arbitrate Mold Claims

FORT MYERS, Fla. - A federal judge in Florida has adopted a magistrate's recommendation and denied a homebuilder's motion to compel arbitration of buyers' mold injury claims. Oberstar v. DiVosta Homes, L.P., No. 2:08-cv-115-FtM-29SPC (M.D. Fla.).

Judge John E. Steele of the U.S. District Court for the Middle District of Florida held that an opinion earlier this year by an intermediate Florida court is binding until the Florida Supreme Court rules on the issue (Kaplan v. DiVosta Homes, L.P., 983 So. 2d 1208 [Fla. 2d DCA 2008]).

Andrew and Marie Oberstar sued DiVosta Homes after Andrew allegedly became ill from …