Menard, Inc. Missouri Cases

Telissah Johnson sued her former employer, Menard Inc., for employment discrimination. Menard moved to compel arbitration based on an Employee/Employer Agreement (EEA) Johnson signed, which included an arbitration provision and a delegation clause. The trial court denied Menard's motion to compel arbitration. The appellate court affirmed, holding that both the delegation provision and the arbitration agreement lacked valid consideration because Menard retained an unlimited and unilateral right to modify the EEA, rendering its promises illusory.

David Holm sued Menard, Inc. for breach of contract, Missouri Merchandising Practices Act violations, and negligence after purchasing kitchen cabinets. Menards moved to compel arbitration, which the trial court denied without explanation. The appellate court reversed the trial court's denial, finding that a valid arbitration agreement existed, that the Federal Arbitration Act preempted Missouri's Uniform Arbitration Act notice provision, and that the agreement was not unconscionable or an improper waiver of a jury trial. The case was remanded with instructions to stay the proceedings and compel arbitration.