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State ex rel. Hewitt v. Kerr, No. SC93846 (April 28, 2015)

Articles Discussing Case:

Another One Bites The Dust: Missouri Court Refuses to Enforce Arbitration Agreement Due to Unilateral and Retroactive Modification Clause

Ogletree Deakins • July 24, 2015
Arbitration agreements have been a roller coaster for Missouri employers. Recently, in State ex rel. Hewitt v. Kerr, the Missouri Supreme Court enforced such an agreement, sending an employee’s discrimination lawsuit to arbitration. But overall, courts in Missouri have restricted the enforceability of arbitration agreements entered into between employees and employers. This month, the Missouri Court of Appeals continued that trend in Bowers v. Asbury St. Louis Lex, LLC, No. ED102229 (July 7, 2015). In Bowers, the court analyzed an arbitration agreement, which included a clause that purportedly allowed the employer to modify the agreement unilaterally and retroactively.

Missouri Supreme Court "Calls an Audible," Upholds Arbitration Agreement

Ogletree Deakins • June 12, 2015
In recent years, Missouri courts have seemed reluctant to enforce arbitration agreements entered into between employers and employees. But in a recent decision, the Missouri Supreme Court reversed that trend and compelled arbitration of an employee’s age-discrimination claim. The court’s opinion offers some important guidance for employers that want to prepare enforceable arbitration agreements in Missouri. State ex rel. Hewitt v. Kerr, No. SC93846 (April 28, 2015).