Scott Burnett v. HomeServices of America, Inc., No. 22-2664 (8th Cir. 2023)
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HomeServices of America, Inc.; BHH Affiliates, LLC; and HSF Affiliates, LLC (collectively, “HomeServices”) appealed from the district court’s denial of HomeServices’s motion to compel unnamed class members to arbitrate their claims against it.
The Eighth Circuit affirmed. The court explained that here, HomeServices conceded before the district court that “neither the named plaintiffs nor any purported class member has any contract or direct relationship with HomeServices relevant to the claims asserted in this case.” Moreover, the Listing Agreements and their included Arbitration Agreements do not name HomeServices as a party or third-party beneficiary. The court explained that the district court correctly concluded this “narrow, party-specific language . . . does not clearly and unmistakably delegate to an arbitrator threshold issue of arbitrability between nonparties, including HomeServices.” Thus, the court held that the district court correctly concluded that “the court—not an arbitrator—must address whether HomeServices can enforce the Arbitration Agreements.” Moreover, the court held that the district court did not err in denying HomeServices’s motion to compel the unnamed class members to arbitrate their claims against it.
Court Description: [Smith, Author, with Melloy and Erickson, Circuit Judges] Civil case - Class Actions and Arbitration. For the court's prior opinion in the matter, see Sitzer v. Nat'l Ass'n of Realtors, 12 F.4th 853 (8th Cir. 2021). On remand, defendants moved to compel arbitration as to the unnamed class members who had signed a Listing Agreement to arbitrate their claims; the district court denied the motion to compel arbitration, and defendant Home Services appeals. The district court correctly concluded that the court - not an arbitrator - must address whether defendant Home Services can enforce the Arbitration Agreements; the court also correctly determined that defendant Home Services cannot enforce the Arbitration Agreements against the unnamed class members.
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