To Stay or to Dismiss? That is the Question.
Last week, the U.S. Supreme Court granted certiorari in Wendy Smith, et al. v. Keith Spizzirri, et al., 2024 WL 133822 (Jan. 12, 2024). The review should resolve a split in the circuits as to whether, when presented with an agreement to arbitrate, a district court is...
Supreme Court Requires Stay of Proceedings During Appeal of Arbitration Ruling
Last week, in a 5-4 decision, the U.S. Supreme Court resolved a split in the circuits and held that federal district courts must stay trial court proceedings while an appeal of a decision denying a motion to compel arbitration is pending. Coinbase, Inc. v. Bieski,...
4th Circuit Vacates Labor Arbitration Award on Procedural Grounds
In Advantage Veterans Services of Walterboro, LLC v. United Steel Workers (4th Cir., No. 22-1268, 06/15/2023), the employer challenged an arbitration award in favor of the union stemming from the discharge of a union-represented employee. The trial court affirmed the...
Sixth Circuit Reverses SJ in Failure to Promote Case
In Levine v. DeJoy (6th Cir., No. 22-1388, 04/10/23), Levine sued the United States Postal Service (USPS), alleging discrimination by failing to promote her based on race. The Sixth Circuit reversed the trial court's summary judgment for the employer. Levine, an...
Sixth Circuit Reverses Dismissal of FMLA Claim
In Milman v. Feiger & Feiger, P.C. (6th Cir., No. 21-2685, 01/25/2023), Milman sued the employer law firm, alleging the employer violated the FMLA when it terminated her immediately after she requested unpaid leave to care of her son. The Sixth Circuit reversed...
Last Chance Agreement Overcomes Race Claim
In Blount v. Stanley Engineering Fastening (6th Cir., No. 22-5356, 12/15/2022), Blount sued his employer for race discrimination and retaliation under the Kentucky Civil Rights Act. He had been fired for using his cell phone while sitting in an idling forklift - in...