Successful Missouri Supreme Court Ruling in Class-Action Case

Brown & James attorneys achieved a successful result for their client in a class-action case that went to the Missouri Supreme Court. The trial court originally sided with their client on a motion to compel arbitration of the named plaintiff’s claim. The plaintiff appealed to the Western District after the defendant prevailed at the trial court, and the appellate court held the trial judge improperly granted the motion to compel arbitration because the arbitration agreement—by default—selected an arbitration organization that was no longer available. In a unanimous opinion, the Supreme Court fully agreed with all of their arguments and said the delegation clause applied and the issue of whether the agreement was enforceable without the chosen arbitrator was itself a question for a substitute arbitrator. In an enormous footnote, the court also agreed that, even without the delegation clause, their client would have won on the merits. The court adopted all arguments for why this case was distinguishable from a prior decision at the center of this case, Hunter, in that footnote.