S-17-0983 MARK HEINEMAN V. EVAN. LUTH. SOCIETY, SALLY SIMS, SAM SIMS, ROD WEISE, and ROGER BAYLIFF (APPELLANTS)
Dodge County, Hon. Geoffrey C. Hall
Civil: Personal Injury
Attorneys: Douglas R. Novotny (Novotny Law)—Thomas E. Johnson & Nicholas A. Buda (BAIRD HOLM)
Proceedings below: After a hearing, the district court overruled ELS’ motion to dismiss, finding that the arbitration agreement (1) lacked mutuality of obligation by the parties, (2) failed to strictly comply with the language of the Nebraska Arbitration Act, and (3) was void and unenforceable because it was contrary to public policy.
Issues: The district court erred in 1) failing to find the arbitration clause contained in the Admission Agreement is a valid and enforceable arbitration clause governed by the FAA, 2) relying on Kramer v. Eagle Eye Home Inspections, 14 Neb. App. 691 (2006), abrogated by Tracy Broadcasting Corp. v. Telemetrix, Inc., 17 Neb. App. 112 (2008), in finding that the Arbitration Clause is void and unenforceable under the Nebraska Uniform Arbitration Act., 3) finding that the arbitration clause lacks mutuality of obligation between parties, 4) finding that the arbitration clause is void and unenforceable in that it is contrary to public policy based upon a federal regulation that had already been enjoined and effectively withdrawn, and 5) failing to dismiss or stay this action and order that parties to submit this dispute to arbitration under the FAA.