8th U.S. Circuit Court of Appeals Digest: Oct. 24, 2019.

Byline: Minnesota Lawyer

Civil Opinions

Attorneys

Malpractice

Retainer Agreement; Arbitration

Defendants appealed the District Court's denial of their motion to compel arbitration. An individual unknown to plaintiff called plaintiff and asserted that a transvaginal mesh plaintiff had implanted was defective and that she could arrange for plaintiff to have the mesh removed in Florida and individual would connect her with an attorney to obtain compensation. Plaintiff agreed to the surgery; in her complaint, she alleged that it caused her substantial and ongoing medical problems. Defendants moved to compel arbitration pursuant to a retainer agreement plaintiff signed.

Where defendant cured the substantive unconscionability of an arbitration agreement by agreeing to cover all costs of arbitration, arbitration was enforceable where there was no procedural unconscionability since plaintiff had a meaningful choice whether or not to accept defendants' retainer agreement.

Judgment is reversed and remanded.

18-3059 Plummer v. McSweeney, appealed from U.S. District Court, Eastern District of Arkansas, Arnold, J.

https://ecf.ca8.uscourts.gov/opndir/19/10/183059P.pdf

Negligence

Product Liability; Negligent Design; Immunity

Where property owners brought an action alleging that a fire was caused by a defective refrigerator installed in a recreational vehicle, the defendant sold but did not manufacture, design or assemble the refrigerator, so it was immune from liability under Iowa law, and summary judgment for the defendant is affirmed. Judgment is affirmed.

18-1308 Merfeld v. Dometic Corporation, appealed from the Northern District of Iowa, Loken, J.

https://ecf.ca8.uscourts.gov/opndir/19/10/181308P.pdf

Criminal Opinions

Sentencing

Career Offender; Oral Pronouncement

Where a defendant in a drug case challenged the application of an enhancement at sentencing, the District Court did not err in imposing the career offender enhancement, but the written judgment did not indicate if the defendant's sentences were to run concurrently or consecutively, so the judgment is modified to reflect the...