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Vidalina Soto v. State Industrial Products, Inc., et al

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Before Lynch, Chief Judge, Souter, Associate Justice, *fn1 and Stahl, Circuit Judge.

In March 2009, Vidalina Soto filed this employment discrimination suit in federal court, alleging violations of the Americans with Disabilities Act, 42 U.S.C. § 12101 et seq., and Puerto Rico law. Soto named as defendants State Industrial Products Corp. and State Chemical Sales Company International, Inc. (together “State Chemical”), which have employed Soto since 1992, their insurance companies, and associated individuals. State Chemical moved to dismiss and compel arbitration pursuant to the Federal Arbitration Act (“FAA”), 9 U.S.C. § 1 et seq., on the grounds that the dispute was covered by an arbitration agreement.

Soto argued that the arbitration agreement was unenforceable due to a lack of consideration and consent. The district court rejected these arguments and dismissed Soto’s complaint without prejudice on March 24, 2010. Soto v. State Chem. Sales Co. Int’l, 719 F. Supp. 2d 189 (D.P.R. 2010). Soto filed a timely appeal.

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