Week of August 11, 2008

"The arbitration clause in issue was part of an agreement between two business entities governing their business relationship. While the language of the arbitration provision might be broadly construed to cover every type of business dispute that might arise between the two signators, it cannot seriously be argued that the parties intended it to cover tort claims arising from an alleged violent physical assault by an employee of one company against an employee of the other in the context of an intimate domestic relationship between the them."

Justice Sandra L. Margulies

RN Solution, Inc. v. Catholic Healthcare West (August 15, 2008, A118077)
p. 13