2006-Ohio-1519, 844 N.E.2d 1208
2005-1357.Supreme Court of Ohio.
March 31, 2006.
Bulter App. No. CA200406151, 2005-Ohio-2271.
MOTION AND PROCEDURAL RULINGS
This cause is pending before the court on the certification of a conflict by the Court of Appeals for Butler County.
IT IS ORDERED by the court, sua sponte, that this cause is no longer held for the decision in 2004-0001, Academy of Medicine of Cincinnati v. Aetna Health, Inc., 108 Ohio St.3d 185, 2006-Ohio-657, 842 N.E.2d 488.
IT IS FURTHER ORDERED that the parties shall brief the question certified by the court of appeals:
“Whether questions regarding violations of the Ohio Business Opportunity Purchaser’s Protection Act (OBOPPA) should be decided pursuant to the arbitration clause in the agreement involved, even though the dispute does not involve a violation or disagreement concerning the terms of the agreement, but whether the agreement as written violates the OBOPPA.”
IT IS FURTHER ORDERED that the Clerk shall issue an order for the transmittal of the record from the Court of Appeals for Butler County.
IT IS FURTHER ORDERED that the parties shall combine the briefing of this cause and 2005-1106, Campbell v. TES Franchising, LLC, Butler App. No. CA2004-06-151, 2005-Ohio-2271, and file one brief for each permitted under S.Ct.Prac.R. VI; the parties shall file an original of the brief in each case and 18 copies of the brief, and the parties shall otherwise comply with the requirements of S.Ct.Prac.R. VI.