Bentley v. Cleveland Browns Football Co., L.L.C., 958 N.E.2d 585

Bentley executed a six-year NFL player contract with the Browns, and entered the NFL Collective Bargaining Agreement (CBA).
Bentley injured his knee during preseason, underwent surgery, and later contracted a staph infection requiring multiple treatments.
Bentley filed a complaint in 2010 alleging fraud and negligent misrepresentation related to facility conditions and representations by Browns personnel.
Browns moved to stay/discovery pending arbitration, or to compel arbitration, arguing CBA arbitration provisions apply.
Trial court denied arbitration motion; Browns appealed, arguing the claims required interpretation of the CBA.
Court held the fraud and negligent-misrepresentation claims do not implicate the CBA and denied arbitration, affirming and remanding.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Are Bentley's fraud and negligent misrepresentation claims subject to arbitration under the CBA?	Bentley did not rely on CBA terms for these claims.	Claims require interpretation of the CBA and are arbitrable.	Not subject to arbitration; claims do not implicate the CBA.

Kelm v. Kelm, 68 Ohio St.3d 26 (Ohio 1993) (strong policy favoring arbitration)
Schaefer v. Allstate Ins. Co., 63 Ohio St.3d 708 (Ohio 1992) (arbitration clause generally to be upheld)
Academy of Medicine of Cincinnati v. Aetna Health, Inc., 108 Ohio St.3d 185 (Ohio 2006) (federal standard may apply to arbitrability)
Taylor Bldg. Corp. of Am. v. Benfield, 117 Ohio St.3d 352 (Ohio 2008) (de novo review for unconscionability of arbitration clause)
Piqua v. Ohio Farmers Ins. Co., 84 Ohio App.3d 619 (Ohio App. 1992) (arbitrability requires explicit agreement to submit)