Rebecca Keyes v. Dollar General Corp.

Summary

The Supreme Court of Mississippi held that Rebecca Keyes's defamation claim fell within the scope of her employment arbitration agreement, but her claims for malicious prosecution, infliction of emotional distress, false imprisonment, fraud, deceit, and misrepresentation did not. The court also held that Dollar General did not waive its right to arbitrate by filing a criminal affidavit. The defamation claim was stayed pending arbitration, while the remaining claims were remanded to the circuit court.

Holdings

1. The defamation claim fell within the scope of the arbitration agreement because the agreement expressly identified defamation as a covered claim.
2. Those claims were outside the scope of the arbitration agreement and could not be compelled to arbitration.
3. Swearing out a criminal affidavit, standing alone, did not waive Dollar General's right to arbitrate.
4. The court applied the customary two-pronged inquiry: whether a valid arbitration agreement exists and covers the dispute, and whether external legal constraints foreclose arbitration.

Questions Presented

1. Whether Keyes's claims were covered claims within the scope of the employee arbitration agreement.
2. Whether Dollar General waived its right to arbitrate by filing criminal charges against Keyes in municipal court.

Disposition

reversed_and_remanded