District courts around the country have begun looking more skeptically at electronically signed arbitration agreements. The Sixth Circuit in Bazemore v. Papa John's USA., Inc.; Papa John's International, Inc., No. 22-6133, recently reversed a trial court's enforcement of one such agreement. On first read, it may seem as though the Court has made enforcement a brass ring much further out of reach; however, a closer review and comparison to other decisions illustrates important factual differences, which lead to the Sixth Circuit's decision. Assessing some of the key facts raised gives guidance to those who might seek enforcement of their own arbitration agreements.
One key fact in Bazemore, which is beyond control of any employer, was sworn testimony that plaintiff had never seen the arbitration form. The Bazemore court differentiated the affirmative testimony that the employee had never seen the document with other cases where an employee "did not recall" signing an arbitration agreement. (Cf Curtis v. Contractor Mgmt. Servs., LLC, 1:15-CV-487-NT, 2018 WL 6071999 (D. Me. Nov. 20, 2018)...
