181235P.pdf   07/15/2019  Jennifer Shockley  v.  PrimeLending
   U.S. Court of Appeals Case No:  18-1235
   U.S. District Court for the Western District of Missouri - Kansas City   
   [PUBLISHED] [Smith, Author, with Benton and Stras, Circuit Judges] 
   Civil case - Arbitration. The district court did not err in finding that 
   the arbitration provision contained in defendant's employee handbook and 
   the delegation provision therein were not enforceable contracts, as 
   plaintiff and defendant never entered into a contract relating to either 
   provision; applying Missouri law, plaintiff's mere online review of the 
   subject materials did not constitute acceptance, and, without acceptance, 
   no contract was formed regarding the delegation provision; an arbitration 
   agreement lacking a valid delegation clause leaves the remaining 
   arbitration agreement, as a whole, open to review for validity; here the 
   terms of the arbitration agreement suffer from the same fatal flaw as the 
   delegation provision; plaintiff did not contract with defendant to 
   arbitrate their disputes, or to delegate the decision to an arbitrator, 
   and defendant cannot compel plaintiff into arbitration on her FLSA claims.