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Mar 8, 2022

Rescission of Agreement Defeats Arbitration Clause

Authored by: Marcia M. Ernst The Eleventh Circuit Court of Appeals recently affirmed the district court’s denial of a defendant’s motion to compel arbitration because the parties had mutually rescinded the settlement agreement containing the arbitration clause. In Reiterman v. Abid,[1] a law school admissions test prep teacher sued a former student in 2018, claiming she had defamed him by creating anonymous blogposts that accused him of sexually assaulting multiple women.[2] The former student denied involvement in the internet smear campaign, and the teacher and student entered into a settlement agreement in the summer of 2018. The settlement agreement included… Read more