Missouri

Agreement to Arbitrate Acknowledged, Not Accepted, Eighth Circuit Says 

Map of Missouri

From Barnes & Thornburg LLC, Peter J. Wozniak and Mark Wallin discuss a recent case that said an arbitration agreement in an employee handbook was not enforceable under Missouri law. Peter and Mark write: In Shockley v. PrimeLending, the Eighth Circuit agreed with the district court that the applicable arbitration and delegation provisions contained in the employee handbook…

Two State Courts Reject Arbitration Because Clause Lacked Administrator 

Map of Missouri

  From Lexology, Liz Kramer discusses recent cases in Missouri and New Jersey in which the court did not require arbitration because the administrator no longer provides arbitration services and because the arbitration clause did not indicate who would administer the arbitration. Liz writes: This post is aimed at drafters of arbitration clauses. Because if…

Eighth Circuit Affirms Order Compelling Arbitration, Rejecting Contract Defenses Of Unconscionability And Lack Of Consideration 

arbitration agreement with gavel

  From JDSupra, Michael Wolgin discusses a recent case in which the court upheld an order compelling arbitration as required by an arbitration agreement.  Michael writes: The Eighth Circuit affirmed an order compelling arbitration in a case filed by a volunteer concession worker against an operator of concessions at a sports stadium in St. Louis. The concession…

Determining Independent Contractor Status-Eighth Circuit Weighs In

From the Employer Law Blog, Timm Schowalter writes “Recently, the Eight Circuit Court of Appeals weighed in on the fray and derived yet another test: “hybrid” test. In Alexander v. Avera St. Luke’s Hospital, the Eighth Circuit determined that a hybrid of the economic realities test and the common law test should be used in…