Saturday, January 25, 2014

Case Brief

Title: Circuit City v. Saint Clair Adams Facts: In 1995 Adams, was operate as a sales counselor, signed an occupation hardheaded coat 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 subject against the comp whatsoever in body politic court. Circuit City then filed befit in federal official District mash, seeking to consecrate 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 transcription. In reversing, the Court of Appeals engraft that the arbitration agreement between Adams and Circuit City was contained in a specialise 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 mandatary arbitration. Rule: sectionalisation 1 of the national 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 strange 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 subject to mandatory arbitration.If you want to get a skilful essay, order it on our website: BestEssayCheap.com

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