Trial Court Correctly Assigned Silica Defendants' Successor Liability Issues to Arbitrator

LIMA, Ohio - A state appeals court has held that a trial court correctly interpreted an arbitration clause contained in an asset purchase agreement that ultimately led to the creation of two separate corporations that are now entangled in silica-related litigation and a dispute over who should pay for the claims. LeROI International, Inc. v. Gardner Denver Machinery, Inc., et al., No. 17-03-20 (Ohio Ct. App., Third Dist.).

In a decision issued Aug. 9, the Third District Ohio Court of Appeals rejected claims by LeROI International Inc. that the trial court erred when it held that an arbitrator should decide …