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Civil Practice: Arbitration-Class Action-Purchase Contracts

Where an automotive group, which was a defendant in a class action arising from its sale and marketing of hail-damaged vehicles as “brand-new” and “factory-fresh,” challenged the denial of its motion to stay a class action and compel the parties to attend arbitration, the trial court erred in denying the motion to compel arbitration because the parties incorporated the AAA rules, which clearly manifested their intent to delegate gateway issues of arbitrability to the arbitrator, so the challenges to the enforceability of the arbitration agreements are reserved for arbitration, and the judgment is reversed and remanded.

Judgment is reversed and remanded.

Fogelsong v. Joe Machens Automotive Group Inc. (MLW No. 74968/Case No. WD82705 – 15 pages) (Missouri Court of Appeals, Western District, Chapman, J.) Appealed from circuit court, Boone County, Harris, J. (James Morrow, Claudio Molten and Blake Butner, Kansas City, Missouri, and Thomas Ward, St. Louis, for appellants) (Thad Mulholland and Andrew Veatch, Columbia, and Blake Green, North Kansas City, for respondents).