Recent Eighth Circuit Decision Provides Guidance On The Enforceability Of Arbitration Agreements

The United States Court of Appeals for the Eighth Circuit recently issued a decision on the enforceability of an arbitration agreement.  In Plummer v. McSweeney, No. 18-3059 (8th Cir. Oct. 23, 2019), the defendants argued the district court erred in holding an arbitration agreement within the parties’ attorney-client retainer agreement was unenforceable.  Although this decision is outside the employment context, it is still noteworthy for employers because of the court’s analysis of the parties’ arbitration agreement.  

By way of background, the plaintiff had sued her attorneys and their law firm, alleging they had improperly solicited her to have surgery to remove a transvaginal mesh implant.  The defendants sought to compel arbitration pursuant to the mandatory arbitration provision contained in the retainer agreement.  The district court refused to compel arbitration, and the defendants appealed to the Eighth Circuit.