Plummer v. McSweeney, No. 18-3059 (8th Cir. 2019)Annotate this Case
The Eighth Circuit reversed the district court's denial of the law firm's motion to compel arbitration between the firm and its client. The court held that the law firm's offer to pay plaintiff's share of the arbitration costs cured any substantive unconscionability that the agreement may have contained; the offer also cured any issue regarding substantive unconscionability where the arbitration provision in effect allowed only the firm to obtain redress of claims; plaintiff has not demonstrated that she lacked meaningful choice, and thus the circumstances giving rise to the lawsuit did not render the retainer agreement procedurally unconscionable; and the language in the agreement adequately disclosed the consequences of the arbitration provision, and the agreement was not unenforceable because the firm violated their ethical duties under DC Circuit precedent.