Wednesday, July 31, 2002
Arbitration of employment claims File this one, from the U.S. Court of Appeals for the Second Circuit, under "court-shopping by employer". The employer, sued for discrimination under federal statutes, convinces the District Court to dismiss the case and compel arbitration. The employee appeals, and when the appellate judges at oral argument start asking difficult questions that indicate that they might hold that the employer's arbitration agreement is unenforceable (because it's too slanted in various ways in favor of the employer), the employer says "never mind! forget about arbitration! forget we said anything! reinstate the lawsuit! just don't issue an opinion holding our arbitration agreement invalid, ok???"
posted by sam 7:27 AM
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