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· 3/13/2002

Diane Blair v. Scott Specialty Gases Thomas Barford Jerry Stump

Citations

  • 283 F.3d 595
  • 2002 U.S. App. LEXIS 4115
  • 82 Empl. Prac. Dec. (CCH) 41,005
  • 88 Fair Empl. Prac. Cas. (BNA) 464
  • 2002 WL 389281

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that under Great Western, the waiver of statutory rights contained in an arbitration agreement does not undermine enforceability of that agreement
  • holding that under Great Western, the waiver of statutory rights contained in an arbitration agreement does not undermine enforceability of that agreement
  • holding that order dismissing complaint without prejudice on ground that all claims were subject to arbitration was an immediately appealable “final decision” and collecting cases with same holding
  • holding that dismissal without prejudice was final under FAA because ”[t]he Green Tree decision draws a distinction between dismissals and stays, but does not draw any distinctions within the universe of dismissals.”
  • holding that a modification clause in an arbitration agreement was not an illusory promise because it required the defendant to provide written notice to employees and allowed employees to reject the change by discontinuing employment
  • noting that promise is not illusory where employer retained unilateral power to modify employee handbook but was required to provide notice before doing so

Source: CourtListener parenthetical corpus (CC0).

Judges: Sloviter, Nygaard, Cudahy

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.