Supreme Court of Alabama

Locklear Automotive Group, Inc. v. Brad Hubbard Locklear Automotive Group, Inc. v. Jeremy Averette Locklear…

September 29, 2017252 So. 3d 67

Summary

The court held that Locklear Group waived its argument that the arbitrator should decide whether the plaintiffs' claims were arbitrable in five appeals because the argument was not adequately presented below. It nevertheless held that the arbitration agreement was broad enough to permit Locklear Group, a nonsignatory, to compel arbitration through equitable estoppel because the claims against Locklear Group were intimately intertwined with those against the dealership. The court affirmed denial of arbitration for the Lollars because their identity-theft claims arose from a later, unrelated credit application, but reversed and remanded in the other appeals. The specially concurring opinion expressed concerns about the delegation language but agreed that the issue had not been adequately presented for reconsideration.