DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
183059P.pdf 10/23/2019 Jerri Plummer v. Rhett McSweeney
U.S. Court of Appeals Case No: 18-3059
U.S. District Court for the Eastern District of Arkansas - Little Rock
[PUBLISHED] [Arnold, Author, with Gruender and Grasz, Circuit Judges]
Civil case - Arbitration. The district court erred in denying defendant's
motion to compel arbitration; the defendant's offer to pay plaintiff's
share of the costs of arbitration has cured any substantive
unconscionability that the attorney-client retainer agreement may have
contained; this offer also cured any question that the agreement was
substantively unconscionable because it, in effect, only allowed defendant
to obtain redress of claims; the district court also erred in finding
procedural unconscionability because plaintiff had meaningful choice as to
whether to sign the retainer agreement, the agreement stated she had
freedom to contract and any argument that she could not have negotiated
other terms with the defendant was speculative; the language in the
agreement adequately disclosed the consequences of the arbitration
provision and did not violate D.C. Circuit case law on an attorney's
ethical obligations in these situations.