Legal Opinion · Dissent

Solle v. Western States Insurance Agency, Inc.

Montana Supreme Court

Decided April 13, 2000No. 99-209Published

1DissentJustice Trieweiler

¶31 I dissent from the majority’s conclusion that the Plaintiff’s complaint is subject to the arbitration provision in her contract of employment with the Defendant. I would reverse the order of the District Court compelling arbitration and remand to the District Court for resolution of the issues raised by the Plaintiff’s complaint.

¶32 The majority’s opinion is based on the faulty premise set forth in its paragraph 14 that Solle’s claim must either be subject to the terms *245of the Wrongful Discharge from Employment Act or subject to the arbitration provision in her contract of employment.…

2Cases cited4 opinions

  1. Nolde Bros., Inc. v. Local No. 358, Bakery & Confectionery Workers UnionSupreme Court of the United States · 1977
  2. Farris v. HutchinsonMontana Supreme Court · 1992
  3. Ratchye v. LucasMontana Supreme Court · 1998
  4. Schaal v. Flathead Valley Community CollegeMontana Supreme Court · 1995

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