Jane Doe #1 v. Dr. John Pispidikis

Summary

The Michigan Court of Appeals held that the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act applies only to arbitration agreements involving a transaction affecting interstate commerce under the Federal Arbitration Act. The court vacated the trial court’s denial of summary disposition because the trial court had not determined whether the underlying medical-services contract involved commerce. The case was remanded for further proceedings, including consideration of the plaintiff’s alternative arguments.

Holdings

1. The EFAA applies only to arbitration agreements in contracts evidencing a transaction involving commerce within the meaning of 9 U.S.C. §§ 1 and 2; it does not apply more broadly to purely intrastate transactions merely because the dispute concerns sexual assault or sexual harassment.
2. The trial court erred by holding the arbitration agreement invalid under the EFAA without first determining whether the underlying contract evidenced a transaction involving commerce under 9 U.S.C. § 2.

Questions Presented

1. Whether the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act, 9 U.S.C. § 402(a), applies to an arbitration agreement when the underlying transaction has no demonstrated connection to interstate commerce.
2. Whether the trial court erred by applying 9 U.S.C. § 402(a) without first determining whether the arbitration agreement concerned a transaction involving commerce under 9 U.S.C. § 2.

Disposition

vacated