2004-Ohio-1860, 806 N.E.2d 559Supreme Court of Ohio.
Case Announcements and Administrative Actions, April 13, 2004.
APPEALS ACCEPTED FOR REVIEW 2004-0001. Academy of Medicine of Cincinnati v. Aetna Health,Inc.
Hamilton App. Nos. C-030109, C-030110, and C-030111, 2003-Ohio-6194. Upon consideration of the jurisdictional memoranda filed in this case, the court hereby accepts the appeal. The Clerk shall issue an order for the transmittal of the record from the Court of Appeals for Hamilton County, and the parties shall brief this case in accordance with the Rules of Practice of the Supreme Court of Ohio.
IT IS FURTHER ORDERED by the court that the parties are to brief only the following issue: In determining whether a cause of action is within the scope of an arbitration agreement, may a state court in Ohio base that determination on a federal standard that inquires whether the “action could be maintained without reference to the contract or relationship at issue?” Fazio v. Lehman Bros., Inc. (C.A. 6, 2003), 340 F.3d 386, 395, citin Ford v. NYLCare Health Plans of Gulf Coast, Inc. (C.A. 5, 1998), 141 F.3d 243, 250-251.
Resnick, F.E. Sweeney and Pfeifer, JJ., dissent.