DUTSCHKE V. JIM RUSSELL REALTORS, INC. ARBITRATION: Separation doctrine on fraud and enforceability of mandatory arbitration clause in contract; arbitration clause does not violate jural rights doctrine which does not apply to arbitration clauses; and clause does not violate right to jury trial 2007-CA-001146 PUBLISHED: AFFIRMING PANEL: HENRY PRESIDING; KELLER CONCURS; COMBS CONCURS IN RESULT FILING SEP. OP. JEFFERSON COUNTY DATE RENDERED: 8/1/2008 The Dutschke's appeal from the dismissal of their claims against the realtor in a dispute concerning the Dutschkes’ purchase of a residence from Fred Faust, deceased. The real estate purchase contract contained an arbitration clause, which the circuit court determined was enforceable. The Dutschkes allege that the underlying contract was a product of fraud, and that to the extent that the Kentucky Uniform Arbitration Act contained in KRS Chapter 417 (KUAA) compels arbitration under such circumstances, the Act is unconstitutional under the jural rights doctrine, the right... ...
Anytime
