Missouri Court of Appeals, Western District / May 28, 2019
T. Parsley Hughes, et al vs. Ancestry.com, et al
Tina Parsley Hughes and Jose Cordada sued Ancestry.com, alleging the company released their private health information without permission. Ancestry moved to compel arbitration, which the trial court denied, finding the arbitration agreement lacked mutual consideration due to a unilateral modification clause. On appeal, the Western District reversed, holding that the parties clearly and unmistakably delegated arbitrability issues to an arbitrator by incorporating AAA rules. The court further found that the delegation provision was severable and valid because Plaintiffs failed to specifically challenge it.