Fedor v. United Healthcare, No. 19-2066 (10th Cir. 2020)Annotate this Case
Plaintiff-appellant Dana Fedor appealed a district court’s order compelling her to arbitrate employment-related claims she brought against her former employer, UnitedHealthcare, Inc. (UHC), and United Healthcare Services, Inc. Fedor argued the district court impermissibly compelled arbitration before first finding that she and UHC had indeed formed the arbitration agreement underlying the district court’s decision. To this, the Tenth Circuit agreed, concluding that the issue of whether an arbitration agreement was formed in the first instance had to be determined by the court, even where there has been a failure to specifically challenge provisions within the agreement delegating certain decisions to an arbitrator. Judgment was vacated and the matter remanded for further proceedings.