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Fleetwood Enter. Inc. v. Gaskamp

Non-signatory children are not obligated to arbitrate on the basis of their parents' arbitration agreement in the absence of third-party beneficiary status or an attempt by the child to enforce the contract.

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Appeal from the United States District Court for the Southern District of Texas

This appeal arises from a district court order compelling arbitration of all of the claims brought by plaintiffs in a Mississippi state court lawsuit. The plaintiffs-appellants, the Gaskamps,*fn1 assert on appeal that the district court erred in compelling arbitration of the claims of the Gaskamp children because the children were not parties to the arbitration agreement between the Gaskamp parents and the defendants-appellees Fleetwood Enterprises, Inc. and Fleetwood Homes of Mississippi, Inc. (collectively, “Fleetwood”), and Georgia-Pacific Corp. (“Georgia-Pacific”). They also assert that the district court erred in compelling arbitration of the parents’ claims because the arbitration agreement was procedurally unconscionable. We reverse in part and affirm in part.

Factual and Procedural Background

 
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