Oral Arguments before the Intermediate Court of Appeals
No. 28704 – Wednesday, January 12, 2011 at 9 a.m.
JONATHAN S. DURRETT, as Next Friend of minor, Plaintiff-Appellant, vs. ACT, INC., an Iowa Corp., Defendant-Appellee, and DOES 1-10, Defendant.
Attorney(s) for Plaintiff-Appellant
Adrian W. Rosehill and Alan J. Ma (Stubenberg & Durrett)
Attorney(s) for Defendant-Appellee
Melvyn M. Miyagi and Angela T. Thompson (Watanabe Ing)
COURT: Fujise, Leonard and Reifurth, JJ.
SPECIAL NOTE: The above argument will take place in the Supreme Court courtroom on the Second Floor of Ali`iolani Hale, 417 South King Street, Honolulu, Hawai`i.
This case involves a dispute between Plaintiff-Appellant (Durrett) and ACT, Inc. (ACT) regarding ACT’s decision to cancel Durrett’s October 28, 2006 scores on the ACT college entrance exam. The legal issue involves the enforcibility of an on-line arbitration agreement entered into between Durrett and ACT concerning the reasonableness of ACT’s decision to cancel Durrett’s test scores, which agreement was subsequently re-stated in pertinent part in writing by Durrett before taking the ACT exam.
The Circuit Court granted ACT’s motion to stay proceedings pending arbitration, and subsequently granted Durrett’s motion to stay proceedings pending appeal.
Durett raises the following points of error: The Circuit Court (1) erred by finding that there was a valid arbitration agreement between Durrett and ACT, (2) erred by granting a motion to stay the Circuit Court proceedings because the making of the arbitration agreement between Durrett and ACT was at issue, (3) erred by failing to find that the alleged arbitration agreement was voidable by Durrett under the infancy doctrine, and (4) erred by failing to find that the alleged arbitration agreement was an unenforceable contract of adhesion.