United States Tenth Circuit

In a suit against former employer-circuit city for wrongful termination under state law based on alleged retaliation against plaintiff for seeking workers' compensation benefits, summary judgment for Circuit City is affirmed as: 1) as plaintiff had already arbitrated the same claim of retaliatory discharge against defendant and lost on the merits, his claim was barred by claim preclusion; 2) plaintiff waived his argument that the arbitration agreement was invalid under contract law, because he proceeded through arbitration without objecting to the agreement's enforceability; and 3) an argument that the arbitration decision violated public policy had no merit. A motion for sanctions is denied as such were not appropriate in this case.

Appellate Information

• Decided 08/31/2007
• Published 09/03/2007

Judges

• EBEL, Circuit Judge., Before KELLY, EBEL, and GORSUCH, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• David O. Alegria of McCullough, Wareheim & LaBunker, P.A., Topeka, KS, for Plaintiff-Appellant.


• For Appellees:
  
• Stephen Robert Clark (Kevin J. Breer with him on the brief), of Polsinelli Shalton Welte Suelthaus, PC, St. Louis, MO, for Defendant-Appellee.