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ARTICLE · 03 JUNE 2021

If The Signing's Not Real, Don't Count On Appeal

Seyfarth Synopsis: The Court of Appeal affirmed an order denying an employer's motion to compel arbitration because the employer failed to authenticate the employee's electronic signature...

United StatesLitigation, Mediation & Arbitration

Seyfarth Synopsis:  The Court of Appeal affirmed an order denying an employer's motion to compel arbitration because the employer failed to authenticate the employee's electronic signature on the arbitration agreement. Bannister v. Marinidence Opco, LLC.

Facts

Maureen Bannister was an office worker at a skilled nursing facility for three decades before the facility was purchased by Marinidence. When she lost her job a year later, she sued Marinidence for discrimination, retaliation, and defamation. Marinidence moved to compel enforcement of the arbitration agreement that Bannister apparently had signed electronically while completing her new employee paperwork for Marinidence.

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