Legal Opinion · Concurring in part, dissenting in part

Rushton v. Meijer, Inc.

Michigan Court of Appeals

Decided November 6, 1997No. Docket 199684Published

1Concurring in part, dissenting in partTaylor, J.

I wholeheartedly concur with part I of the majority opinion; however, I dissent from part n. Thus, I would reverse the lower court’s order denying summary disposition for defendant in its entirety.

The essence of the majority position is that the parties’ contract is valid except for the agreement to *171arbitrate a civil rights claim. Thus, the agreement to arbitrate, as it pertains to civil rights, has been found to violate public policy, and the court has rewritten the parties’ agreement by striking that provision. Accordingly, the current state of the law is that the freedom to contract…

2Cases cited28 opinions

  1. Mitsubishi Motors Corp. v. Soler Chrysler-Plymouth, Inc.Supreme Court of the United States · 1985
  2. Alexander v. Gardner-Denver Co.Supreme Court of the United States · 1974
  3. Gilmer v. Interstate/Johnson Lane Corp.Supreme Court of the United States · 1991
  4. Shearson/American Express Inc. v. McMahonSupreme Court of the United States · 1987
  5. Clinton Cole v. Burns International Security ServicesCourt of Appeals for the D.C. Circuit · 1997

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