United States First Circuit

A mandatory arbitration agreement, contained in a dispute resolution policy linked to an emailed company-wide announcement, is unenforceable where defendant-employer provided inadequate notice of the contractual nature of the emailed policy.

Appellate Information

• Decided 05/23/2005
• Published 05/24/2005

Judges

• SELYA, Circuit Judge., Before SELYA, LIPEZ and HOWARD, Circuit Judges.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Arthur G. Telegen, with whom Claudia T. Centomini, Christopher J. Powell, and Foley Hoag LLP were on brief, for appellants., Ann Elizabeth Reesman and McGuiness Norris & Williams, LLP on brief for Equal Employment Advisory Council, amicus curiae., Martin J. Newhouse, Andrew R. Grainger, and Ben Robbins on brief for New England Legal Foundation, amicus curiae., Elizabeth E. Theran, Attorney, with whom Eric S. Dreiband, General Counsel, Lorraine C. Davis, Acting Associate General Counsel, and Vincent J. Blackwood, Assistant General Counsel, were on brief, for Equal Employment Opportunity Commission, amicus curiae.


• For Appellees:
  
• John N. Lewis, with whom Lawrence R. Mehl and John N. Lewis & Associates were on brief, for appellee.