Although the “the FAA doesn’t expressly determine the evidentiary commonplace a party searching for to avoid compelled arbitration must meet,” the Seventh Circuit has “analogized the standard to that required of a party opposing abstract judgment beneath Rule 56(e).” Id. § 2. The Court docket must grant a movement to compel arbitration below the FAA the place the parties have a written arbitration settlement and the asserted claims are inside its scope. Id. Due to this fact, the Seventh Circuit concluded that the arbitration clause applied to the Morgan Stanley staff and that the customer should arbitrate his claims against each the company and its workers. Id. The Seventh Circuit disagreed, saying that “courts often treat workers as third-get together beneficiaries of arbitration clauses . . .” Id. The Federal Arbitration Act (“FAA”) governs the enforceability of arbitration clauses in state and federal courts. Mathys argues that the arbitration agreements are procedurally unconscionable because they had been written in small font, he did not talk about the documents with a lawyer, and he lacked capacity to assent to the arbitration clauses. Thus, the arbitration clauses weren’t so inconspicuous as to make the arbitration clauses procedurally unconscionable. Thus, HGG’s liability depends on Wolan’s actions and it would make little sense for Mathys to arbitrate with HGG while concurrently litigating with Wolan. For instance, while many reviewers praise their educated staff members, others have reported feeling pressured by sales representatives during cellphone consultations.

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