News & Events

Lolli and Geary Achieve Appellate Court Victory

January 11, 2018

Don Lolli and Matt Geary received an Opinions from the Missouri Court of Appeals reversing the Trial Court's denail of a Motion to Compel Arbitration and finding in their client's favor for arbitration under the Federal Arbitration Act. The issue was whether an arbitration provision in a commercial contract could be enforced by an individual defendant who did not sign the contract in his personal capacity, but who had signed the contract as the Managing Member of a limited liability company. The limited liability company was a party to the contract, and initially a defendant, but had been dismissed earlier without prejudice by Plaintiffs. The Appellate Court held that the individual defendant could enforce the arbitration provision, finding: (a) there was a disclosed agency relationship between the individual defendant and the limited liability company; (b) the Plaintiffs'/Appellees' claims arose out of the agent's conduct while acting as a member of the limited liability company; (c) the Plaintiffs/Appellees treated the individual defendant and the limited liability company collectively in the lawsuit; and (d) Plaintiff's/Appellees' damage claims against the individual defendant arose from the contract. Plaintffs/Appellees filed an Application for Transfer to the Missouri Supreme Court, which was denied without opinion. 

Contact Don Lolli at dlolli@dysarttaylor.com and Matt Geary at mgeary@dysarttaylor.com or 816-931-2700.