United States Tenth Circuit

In an action alleging that plaintiff was terminated from his position in violation of the Sarbanes-Oxley Act, and Kansas common law prohibiting retaliatory discharge, the denial of defendant's motion to compel arbitration is reversed where 1) defendant was not required by Fed. R. Civ. P. 8(c)(1) to demand arbitration in its answer; 2) defendant did not demand arbitration until four months after answering the complaint, but that length of time in itself did not establish waiver; and 3) the parties' retention bonus agreement did not supersede the arbitration clause in the initial employment agreement.

Appellate Information

• Decided 04/19/2010
• Published 04/19/2010

Judges

• HARTZ, Circuit Judge., Before HENRY, Chief Circuit Judge, BRISCOE, and HARTZ, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellees:
  
• Kimberly S. King (Jeffrey D. Hanslick, with her on the briefs), Husch Blackwell Sanders LLP, Kansas City, MO, for Defendant-Appellant., Robert J. Wonnell (Carl A. Gallagher, with him on the brief), McAnany, Van Cleave & Phillips, P.A., Kansas City, KS, for Plaintiff-Appellee.