Funny Footnote

(For those who just skip my law-related posts, just jump down to the last paragraph.)

The Sixth Circuit court of Appeals issued a decision today addressing the following issue: does an employee’s act of continuing to report for work after the effective date of her employer’s arbitration program constituted acceptance of a valid and enforceable contract to arbitrate disputes? The court held that yes, an employee’s knowing continuation of employment after the effective date of the program was acceptance of a valid and enforceable contract to arbitrate.

Judge Boyce Martin dissented. Martin writes in his dissent: “A unilateral contract is one where an offeror ‘reasonably expects to induce action of a definite and substantial character’ from the offeree,’… Implicit in this understanding is that the offeree is aware of the significance of the act performed. Without a signal that she understands that a contract is being made, how is one to know if she has truly accepted?”

Judge Martin inserted the following footnote in his dissent:

Homer Simpson talking to God: “Here’s the deal: you freeze everything as it is, and I won’t ask for anything more. If that is OK, please give me absolutely no sign. [no response] OK, deal. In gratitude, I present you this offering of cookies and milk. If you want me to eat them for you, please give me no sign. [no response] Thy will be done.” The Simpsons: And Maggie Makes Three (Fox television broadcast, Jan. 22, 1995).