Nitro-Lift Technologies, LLC v. Howard (2012)
- Docket
- 11-1377
- Decided
- 2012-01-01
Summary
Question: Did the Oklahoma Supreme Court err in preventing the arbitration of the non competition agreement? Conclusion: Yes. In a per curiam opinion, the Supreme Court vacated the lower judgment and remanded for further proceedings. The Court held that the Oklahoma Supreme Court clearly erred in disregarding binding precedent. The FAA is the "supreme law of the land," giving it priority over any conflicting state statute or policy. The FAA provides that a court may review the enforceability of the arbitration clause itself, but if the clause is valid, the validity of the remainder of the agreement is for the arbitrator to decide.