Harris v. W6LS, Inc.
Plaintiff borrowed money from the defendant at a high interest rate and later sued the defendants under state and federal law. Defendants sought to enforce an arbitration provision in their loan contracts. The district court denied the motion to compel arbitration and defendants appealed. The Seventh Circuit affirmed, finding that there was no mutual assent where the arbitration agreement directed the arbitrator to apply a body of law that did not exist and which the defendants maintained a unilateral ability to invent and that there was no indication that the plaintiffs intended to agree to those terms. (PRYOR and MALDONADO, concurring)