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Arbitration Clause in TV-Show Appearance Release Found Severable From Rest of Agreement

The U.S. District Court for the Western District of Tennessee ruled that an arbitration clause in a TV reality-show participant release was severable from the agreement. Larkin v. Day, 2:18-cv-02636. Plaintiffs Chad and Genny Larkin claimed they were seriously injured during the production of an episode for the Discovery Channel's Street Outlaws: Memphis, which is about illegal street racing. Chad Larkin claimed that he was attacked by show host Jonathan Day and a Street Outlaws member after Larkin began baiting Day per the production defendants “allegedly encourag[ing] the Memphis Street Outlaws and the outside racers to act angry and 'talk trash' to one another.” Genny Larkin claimed she was attacked by a Street Outlaws member while trying to assist Chad. Day and the production and network defendants argued the claims should be heard by an arbitrator under an arbitration clause in an appearance release Chad signed. The arbitration clause states: “Any controversy or claim relating to this Release ('Claim') shall be governed by and construed in accordance with the substantive laws of the State of California. … All Claims shall be submitted to final and binding arbitration … before a single arbitrator in accordance with California Code of Civil Procedure §§1280 et seq.” But the Larkins took the position that the entire release agreement was void because it was based on participating in illegal behavior. Sending Chad's claims to arbitration, Western District Judge Thomas L. Parker noted Larkin “does not claim that Defendants fraudulently induced him into agreeing to the arbitration provision, nor does he argue that there is an issue with the formation of the Release.” But the district judge denied the defendants' motions to dismiss Genny Larkin's claims or require arbitration, because there was no evidence that she signed an appearance release.