Missouri Court Finds Arbitration Deal ‘Illusory’

A Missouri auto dealer could not insist on arbitration of a former employee’s state law claims of race discrimination because the employer’s own promise to arbitrate was illusory, a Missouri appellate court held July 7 (Bowers v. Asbury St. Louis Lex, LLC, 2015 BL 215789, Mo. Ct. App., ED102229, 7/7/15).

Writing for the Missouri Court of Appeals, Judge Patricia L. Cohen said Asbury St. Louis Lex LLC required employees to sign a standardized agreement that incorporated arbitration rules the employer could change on 30 days’ notice. A trial court refused to compel a former service porter to ...