CO STATESupreme Court of Colorado
2007

JA Walker Co., Inc. v. Cambria Corp.

159 P.3d 126Supreme Court of Colorado • Decided 2007Remanded
FLAGSHIPDispute ResolutionCited 189 times

HOLDING

Walker sued Cambria over a contract dispute and tried to avoid arbitration by claiming Cambria fraudulently tricked them into signing the arbitration agreement itself. The Colorado Supreme Court ruled that when someone claims they were lied to specifically about the arbitration clause (not the whole contract), a judge—not an arbitrator—must decide that claim first. The case was sent back to the trial court to determine whether Walker was actually defrauded into the arbitration agreement before forcing them to arbitrate.

KEY FINDINGS

Dispute Resolution

If you claim you were lied to about signing an arbitration clause, you can challenge it in court before an arbitrator gets involved—don't let the other side force you straight to arbitration on this issue.

FULL COURT OPINION