Justia Arbitration & Mediation Opinion Summaries

This case arose out of a fee dispute between associated attorneys arising out of mass-tort cases in Copiah County between 2005 and 2010. The first appeal arose out of a joint-venture agreement between Don Mitchell and the law firm of Sweet & Freeese, PLLC. The second appeal stemmed from an alleged oral referral agreement between McHugh Fuller Law Group, PLLC, and the members of the joint venture. The appellants in this consolidated appeal challenged the County Chancery Court’s denial of their motions to compel arbitration of claims brought against them by Mitchell and the McHugh Fuller Law Group, PLLC. Finding no error, the Supreme Court affirmed. View "Freese v. Mitchell" on Justia Law

Plaintiff obtained a last will and testament from LegalZoom.com. Before receiving the requested document, Plaintiff agreed to LegalZoom.com's terms of service, which included an arbitration provision. The agreement also provided that the Federal Arbitration Act (FAA) governed the interpretation and enforcement of the agreement's provisions. Plaintiff later filed a class-action lawsuit, alleging that LegalZoom.com engaged in the unauthorized practice of law, among other claims. LegalZoom.com filed a motion to compel arbitration. The trial court denied the motion based upon the allegations concerning the unauthorized practice of law. The Supreme Court reversed, holding (1) the circuit court erred because Arkansas law does not prohibit the enforcement of arbitration agreements requiring resolution through arbitration of private claims when a dispute concerns allegations of the unauthorized practice of law; and (2) any rule prohibiting arbitration of unauthorized practice-of-law claims were preempted by the FAA in this case. View "Legalzoom.com, Inc. v. McIllwain" on Justia Law