Midway Federal Credit Union v. W. J. Noland & Co.
This text of 37 Va. Cir. 295 (Midway Federal Credit Union v. W. J. Noland & Co.) is published on Counsel Stack Legal Research, covering Loudoun County Circuit Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
In this action for damages, the Defendants request that the Court voluntarily stay further proceedings pending a decision on the arbitrability of the issues in dispute by the Federal District Court for the Southern District of New York. Noland, et al., have filed a petition with the Federal Court requesting that it compel arbitration of the instant state claims pursuant to the provisions of the Federal Arbitration Act, 9 U.S.C. § 1, et seq.
The issue of the arbitrability of the instant claims may be raised either before this Court, by way of a motion to stay and compel arbitration, or by the filing of a petition in a Federal Court otherwise having jurisdiction over such claims. 9 U.S.C. §§ 3, 4; Whiteside v. Teltech Corp., 940 F.2d 99 (4th Cir. 1991). Where a litigant has elected to proceed in accordance with an available remedy, it is a poor use of judicial resources for the Court to mandate a duplicitous proceeding when the exercise of judicial discretion can avoid such a result.
Accordingly, the Court will voluntarily stay further proceedings in this case until the issue of arbitrability is determined by the Federal Court.
Free access — add to your briefcase to read the full text and ask questions with AI
Related
Cite This Page — Counsel Stack
37 Va. Cir. 295, 1995 Va. Cir. LEXIS 1095, Counsel Stack Legal Research, https://law.counselstack.com/opinion/midway-federal-credit-union-v-w-j-noland-co-vaccloudoun-1995.