Arnold v. HomeAway, Inc., No. 17-50088 (5th Cir. 2018)Annotate this Case
In two separate actions against HomeAway, the Fifth Circuit reversed the district court's judgment in Plaintiff Ivan Arnold's case and affirmed the judgment in Plaintiff Deirdre Seim's case, holding that plaintiffs were bound to arbitrate their threshold arbitrability questions. In Arnold's case, the court held that there was a contract between the parties that contained a putative arbitration provision, the parties have agreed to delegate threshold questions about the arbitration provision to an arbitrator, and Arnold did not specifically challenge the validity of the delegation clause. In Seim's case, the district court was correct to order arbitration but should not have assessed threshold questions itself. Accordingly, the court remanded both cases with instructions to compel arbitration.