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Davidson v. A. G. Edwards & Sons Inc.

The Federal Arbitration Act preempts state law and policy with respect to the signature requirement of O.C.G.A. § 9-9-2 subsection c 9 and the exemption from arbitration of "personal bodily injury" claims set forth in § 9-9-2 subsection c 10.

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Jon V. Davidson, Jr. appeals from the trial court’s order compelling him to arbitrate his defamation claim against his former employer, A. G. Edwards & Sons, Inc., and others1 “A. G. Edwards”. He contends that his post-termination of employment claim does not fall within the scope of the arbitration clause at issue under the Georgia Arbitration Code, arguing that he did not separately initial it as required by OCGA § 9-9-2 c 9, and that his claim, as a personal injury claim, is exempt from arbitration under OCGA § 9-9-2 c 10. Davidson also claims that the trial court erred in enforcing the arbitration clause, arguing i that, by its own terms, the arbitration clause does not extend to future tort claims, and ii that such claims are not subject to arbitration under the Federal Arbitration Act “FAA” as not involving interstate commerce. Finally, Davidson challenges the trial court’s refusal to reopen discovery. Discerning no error, we affirm.

The record shows that Davidson began working for A. G. Edwards as a broker/dealer in 1994, serving customers in at least 16 states. He signed a written employment contract that contained the following arbitration clause:

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