6th Circuit: Company Waived Challenge To Cleanup Agreement’s Review Clause

Mealey's (September 10, 2019, 10:25 AM EDT) -- CINCINNATI — A federal judge in Kentucky did not err when dismissing a company’s lawsuit challenging the terms of an agreement for the allocation of costs to clean up a Superfund site, a Sixth Circuit U.S. Court of Appeals panel ruled Sept. 6, finding that the plaintiff company waived its ability to challenge the enforceability of a judicial review clause by seeking arbitration in 2017 (PolyOne Corp. v. Westlake Vinyls Inc., No. 19-5137, 6th Cir., 2019 U.S. App. LEXIS 26908)....