With the prevalence of arbitration agreements, it’s always worth looking ate recent opinions on the subject of whether arbitration can be compelled or not.
This is a case involving claims by the North American Deer Registry against the company it retained to process deer genetic information. The defendant sought to:
- dismiss the complaint
- compel arbitration
- transfer venue; and
- stay the case.
Judge Mazzant denied them all. On the assumption it had something to do with the law and not just Texans’ overarching interest in all things deer, I have analyzed the rulings.
Judge Mazzant recently considered the issue of whether a case alleged disability discrimination was required to be arbitrated. The employee claimed that she did not recall acknowledging and agreeing to be bound by the agreement when filling out her employment forms electronically, and the defendant prodvided evidence that she had in fact done so. The Court granted the motion, finding that the company’s arbitration agreement required arbitration. Thick v Dolgencorp of Texas Inc
This is a Fair Labor Standards Act (FLSA) case in which the defendants sought to compel plaintiffs to arbitrate their disputes and stay the litigation pending that arbitration. As noted below, the Court granted the motion as to one group of plaintiffs, but declined to stay the litigation with respect to the other.