Legal Opinion · Concurring in part, dissenting in part

State ex rel. Todd Hewitt, Relator v. Honorable Kristine Kerr, Judge, Circuit Court for St. Louis County, Missouri

Supreme Court of Missouri

Decided April 28, 2015No. SC93846Published

1Concurring in part, dissenting in partLaura Demur Stith, Judge

I concur in the per curiam’s holding in Section II that a writ of mandamus is the appropriate mechanism to review whether the trial court erred in sustaining the motion to compel arbitration, and with its holding in Section III that the arbitration agreement is valid. I dissent from the per curiam’s holding in Section V.A. that the National Football League (NFL) commissioner is presumptively biased and in Section IV.A. that the NFL Dispute Resolution Guidelines have not been agreed to by the parties. But I concur in the per cu-riam’s holding in Section IV.B. and V.B. that where, as here, a…

2Cases cited12 opinions

  1. State Ex Rel. Vincent v. SchneiderSupreme Court of Missouri · 2006
  2. State Ex Rel. Cardinal Glennon Memorial Hospital for Children v. GaertnerSupreme Court of Missouri · 1979
  3. Aviall, Inc. v. Ryder System, Inc.Court of Appeals for the Second Circuit · 1997
  4. Dryer v. Los Angeles RamsCalifornia Supreme Court · 1985
  5. Lawrence v. Beverly ManorSupreme Court of Missouri · 2009

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