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December 1, 2008

Pyett to be Argued Before Supreme Court This Morning

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Just a reminder that the U.S. Supreme Court is due to hear oral argument in the mandatory arbitration case 14 Penn Plaza LLC. v. Pyett.  Ross Runkel summarizes the case:

When employees sued claiming age discrimination, the employer filed a motion to compel them to take the case to arbitration. The employees were covered by a collective bargaining agreement which prohibited age discrimination and also said "All such claims shall be subject to the grievance and arbitration procedure [in the collective bargaining agreement] as the sole and exclusive remedy for violations." The trial court denied the motion to compel arbitration, and the 2nd Circuit affirmed.

The 2nd Circuit held that "arbitration provisions contained in a [collective bargaining agreement], which purport to waive employees' rights to a federal forum with respect to statutory claims, are unenforceable." The US Supreme Court is reviewing the 2nd Circuit judgment.

We will have an analysis of the oral argument this afternoon.

PS

December 1, 2008 in Arbitration | Permalink

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