TSP-Hope v. Home Innovators of Illinois
Trial court did not err when it ordered plaintiff's complaint for breach of  building contract dismissed because of arbitration clause in contract; because delay of 10 months, during which no discovery was conducted, and filing of counterclaim to preserve defendant's rights under Mechanic's Lien Act after plaintiff served defendant with demand that it file suit within 30 days or forfeit its lien, are not sufficient to waive arbitration agreement. |
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Arbitration Agreement Does Not Apply Retroactively; Lack of Mutuality Not a Bar to Enforcement Where only Employee May Bring Discrimination Claim
A federal court in the District of Columbia found that an arbitration agreement did not apply retroactively to a pre-existing claim of employment  discrimination, that a lack of mutuality is not a bar to enforcement because only the employee may bring discrimination claims, and that the arbitrator, not the court, should decide the course of discovery despite existing case law requiring some access to discovery.
In Shelton v. The Ritz Carlton Hotel Co., LLC, No. CIV.A.07-2171, 2008 WL 1976556 (D.D.C. May 8, 2008), Shelton sued the Ritz for discrimination based on its failure to promote her in either May or September 2005.
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Allegation of Unauthorized Use of Computer Account Leads Court to Order Trial on Existence of Arbitration Agreement
A federal district court in Kansas has denied a department store's motion to  compel arbitration, finding a former employee's assertion that a company secretary compromised her work account and affixed an electronic signature to the agreement was sufficient to raise an issue of material fact, thus requiring a trial on the existence of the agreement.
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Unconscionable Clause Limiting Attorney's Fees Severed and Arbitration Compelled
The Texas Court of Appeals held that a provision in an arbitration agreement that improperly limits a consumer's right to recover attorney fees under state law is unconscionable, but if the agreement contains a severability clause, the unconscionable attorney fees provision should be severed and arbitration can then be compelled.
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