In light of recent U.S. Court of Appeals rulings, a federal judge in Wisconsin last week denied consumer’s request to compel Kohl’s to submit to arbitration after the American Arbitration Association closed the files last year because the retailer declined to pay administrative fees.
In a Sept. 13 opinion, U.S. District Judge Lynn Adelman for the Eastern District of Wisconsin denied the plaintiff’s motion in the case captioned Ana Bernal v. Kohl’s Corp., in which four individuals sought an order compelling Kohl’s to submit to arbitration before the American Arbitration Association under the retailer’s terms and conditions. In June 2023, Kohl’s refused to register the arbitration agreement or pay the associated fees, and the AAA closed the files. The plaintiff asked the court to compel Kohl’s to pay the fees associated with arbitration.
