213157P.pdf   07/29/2022  Mary Triplet  v.  Menard, Inc.
   U.S. Court of Appeals Case No:  21-3157
   U.S. District Court for the District of South Dakota - Northern   
   [PUBLISHED] [Kobes, Author, with Erickson and Stras, Circuit Judges] 
   Civil case - Arbitration. Plaintiffs sued defendant after plaintiff Maggie 
   Triplett was terminated, alleging employment discrimination in violation 
   of the ADA, as well as several state law torts. Maggie's employment 
   agreement contained an arbitration clause, and defendant moved to compel 
   arbitration and stay the proceedings. The district court found the 
   arbitration agreement was unenforceable as a matter of equity and that the 
   state law claims were outside the scope of arbitration. Defendants appeal. 
   While the arbitration agreement is facially valid under South Dakota law, 
   it may be revocable under the void contract defense if Maggie, who is 
   under a conservatorship based on her mental competency, was without 
   understanding when she signed the agreement. The district court did not 
   decide whether Maggie was entirely without understanding when she signed, 
   and the decision is reversed and the case remanded for further findings on 
   that question.