United States Seventh Circuit

In a suit seeking wages and retirement benefits under the terms of a settlement reached in a federal civil-rights suit, dismissal in favor of arbitration is vacated and case remanded for dismissal for lack of subject-matter jurisdiction where: 1) the trial judge could not invoke an arbitration clause sua sponte; and 2) the arbitration clause relied upon in this case was not applicable to plaintiff's claims; but 3) the claim at issue was not a retaliation claim that could be adjudicated under federal law, but had been converted by the prior settlement into a state action to enforce a contract.

Appellate Information

• Decided 10/27/2008
• Published 10/27/2008

Judges

• EASTERBROOK, Chief Judge., Before EASTERBROOK, Chief Judge, and SYKES and TINDER, Circuit Judges.

Court

• United States Seventh Circuit

Counsel

• For Appellant:
  
• Steven J. Plotkin (argued), Evanston, IL, for Plaintiff-Appellant.


• For Appellees:
  
• Lee Ann Lowder, Mark A. Trent (argued), Chicago Board of Education Law Department, Chicago, IL, for Defendant-Appellee.