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.
201171P.pdf 08/11/2021 Jacqueline Morgan v. James Ferrell
U.S. Court of Appeals Case No: 20-1171
U.S. District Court for the Western District of Missouri - Kansas City
[PUBLISHED] [Loken, Author, with Grasz and Kobes, Circuit Judges]
Civil case - Employment discrimination. The district court erred in
concluding that no language in plaintiff's employment agreement suggested
that she consented to arbitrate tort claims arising from actions which
predated her employment; while her claim are based on alleged
misrepresentations and omissions made before and at the time she accepted
employment, they are subject to arbitration because they arise out of and
relate to the resulting employee agreement and employee relationship;
defendants Ferrell and Brueckmann, officers and agents of Ferrellgas who
were not parties to the employment agreement, may enforce the arbitration
clause; a signatory plaintiff cannot avoid arbitration when she treats the
signatory and non-signatory defendants as a single unit as she has here,
where each of her tort claims against the defendants is a single one that
should be referred in its entirety to arbitration.