Legal Opinion · Concurrence

LRN Holding, Inc. v. Windlake Capital Advisors, LLC

Appellate Court of Illinois

Decided May 9, 2011No. 3-10-0194Published

1Concurrence

JUSTICE WEIGHT,

specially concurring:

Relying on Aste v. Metropolitan Life Insurance Co., 312 Ill. App. 3d 972 (2000), and Kaplan v. Tabb Associates, Inc., 276 Ill. App. 3d 320 (1995), plaintiffs contend that Illinois law requires the court to first determine whether the entire contract at issue is void and unenforceable before referring the matter to an arbitrator. Based only on the concessions of the plaintiffs in this case and the language of this specific agreement, now subject to our review, I specially concur. However, I recognize that the outcome of this decision may be inconsistent with…

2Cases cited5 opinions

  1. Preston v. FerrerSupreme Court of the United States · 2008
  2. Donaldson, Lufkin & Jenrette Futures, Inc. v. BarrIllinois Supreme Court · 1988
  3. Kaplan v. Tabb Associates, Inc.Appellate Court of Illinois · 1995
  4. Aste v. Metropolitan Life InsuranceAppellate Court of Illinois · 2000
  5. Peterson v. Residential Alternatives of Illinois, Inc.Appellate Court of Illinois · 2010

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