Nina Theroff v. Dollar Tree Stores, Inc. and Janie Harper

Summary

The court affirmed the denial of Dollar Tree's motion to compel arbitration because the evidence supported the circuit court's implied finding that Theroff did not assent to the electronically signed arbitration agreement. The court held that determining whether an arbitration agreement exists precedes enforcement of any delegation clause, and an alleged agreement cannot delegate arbitrability questions absent assent to the agreement itself.