Wednesday, November 27, 2013

Case Brief

Title: Circuit City v. Saint Clair Adams Facts: In 1995 Adams, was suck up as a sales counselor, signed an occupation practicable operation with Circuit City. A provision in their application essential all employment disputes to be settled by arbitration. In 1997, Adams cross-filed an employment unlikeness law reason against the comp either in body politic court. Circuit City then filed cause in federal official District tap, seeking to regulate the state-court action and to compel arbitration of Adams claims infra the FAA. The District Court move intoed the requested order. The court think that Adams was obligated by the arbitration intellect. In reversing, the Court of Appeals engraft that the arbitration agreement between Adams and Circuit City was contained in a pledge of employment, and thus not subject to the FAA under section 1 of the Act. Issue: The issue is whether an employees statutory rights can be subject to mandate arbitration.
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Rule: sectionalisation 1 of the federal Arbitration Act Analysis: below Section 1 of the Federal Arbitration Act contracts of employment of seamen, railroad employees, or any other class of workers pursue in contrasted or interstate commerce are excluded from the Acts coverage. However since he did not qualify for the exemption, the provision he had agreed to ab initio when he applied that he would enter arbitration for any disputes will be upheld. Even for discrimination or statutory claims he gave up his right to file a suit in the court system. Conclusion: The U.S. irresponsible Court give tongue to that the employees claims based on statutes may be s! ubject to mandatory arbitration.If you want to get a skilful essay, order it on our website: BestEssayCheap.com

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