Defamation claim found not to be part of arbitration agreement in youth soccer.
A minor participating in sports brought three claims when she was dismissed from the team. The claims were breach of contract, unjust enrichment and defamation. The court found the release and waiver for her participation, including the agreement to arbitrate, applied to the breach of contract claim and unjust enrichment as to the soccer association. The defamation claim came from advising the minor’s parents of the reason for dismissal. The message (that the minor was sending nude pictures via text on the team bus) was delivered by individual employees and the program operator, allegedly in earshot of others at a coffee shop. The plaintiff claimed she was unable to join other teams due to those statements.
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