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Alternative Dispute Resolution

Jul. 26, 2001

'Duffield' Deflated

The 9th U.S. Circuit Court of Appeals' opinion in Duffield v. Robertson Stephens & Co., 144 F.3d 1182 (1998) (cert. denied 1998), sent shock waves throughout the employment-dispute legal community. In one swoop, the 9th Circuit effectively terminated the ability of employers to compel arbitration, if based on a pre-dispute agreement, in any employment-related claim based on civil-rights violations.

        By Kenneth D. Gack
        
        The 9th U.S. Circuit Court of Appeals' opinion in Duffield v. Robertson Stephens & Co., 144 F.3d 1182 (1998) (cert. denied 1998), sent shock waves throughout the employment-dispute legal community. In one swoop, the 9th Circuit effectively terminated the ability of employers to comp...

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