Missouri Court of Appeals, Eastern District / Oct 30, 2018
John Esser, Respondent, vs. Anheuser-Busch, LLC, Appellant.
John Esser sued Anheuser-Busch, LLC (A-B) for age discrimination under the Missouri Human Rights Act. A-B moved to compel arbitration, arguing that its Dispute Resolution Program (DRP), including a delegation provision, required an arbitrator to decide the enforceability of the arbitration agreement. The trial court denied the motion, finding A-B failed to show Esser accepted the DRP or its delegation provision. The appellate court affirmed, holding that Esser sufficiently challenged the delegation provision and A-B failed to provide clear and unmistakable evidence of acceptance or sufficient consideration for the delegation provision.