United States Eighth Circuit

District court's denial of defendant's motion to compel arbitration of plaintiff's retaliation, gender discrimination, and Family and Medical Leave Act claims is reversed where plaintiff was not a transportation worker exempted from the Federal Arbitration Act and defendant did not waive its right to arbitrate by failing to move for arbitration during the EEOC proceedings prior to plaintiff's filing of this suit.

Appellate Information

• Decided 07/01/2009
• Published 07/01/2009

Judges

• MELLOY, Circuit Judge., Before LOKEN, Chief Judge, MELLOY and BENTON, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Clark H. Gluek, argued, Julie Lynn Pietrzen, on the brief, Cleveland, OH, for appellant.


• For Appellees:
  
• Todd David Epp, argued, Nicole Pape, on the brief, Sioux Falls, ND, for appellee.