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Defendants appealed the district court’s denial of their motion to compel arbitration. An individual unknown to plaintiff called plaintiff and asserted that a transvaginal mesh plaintiff had implanted was defective and that she could arrange for plaintiff to have the mesh removed in Florida and individual would connect her with an attorney to obtain compensation. Plaintiff agreed to the surgery; in her complaint, she alleged that it caused her substantial and ongoing medical problems. Defendants moved to compel arbitration pursuant to a retainer agreement plaintiff signed.
Where defendant cured the substantive unconscionability of an arbitration agreement by agreeing to cover all costs of arbitration, arbitration was enforceable where there was no procedural unconscionability since plaintiff had a meaningful choice whether or not to accept defendants’ retainer agreement.
Judgment is reversed and remanded.
Plummer v. McSweeney (MLW No. 74058/Case No. 18-3059 – 13 pages) (U.S. Court of Appeals, 8th Circuit, Arnold, J.) Appealed from U.S. District Court, Eastern District of Arkansas, Moody, J. (Michael Alan Thompson, of Little Rock, AR, for appellant; Edwin L Lowther, Jr., of Little Rock, AR on brief) (James Ryburn Baxter, of Benton, AR for appellee)
