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.
Read McNamara v. Yellow Transp., Inc., No. 08-2654
Appellate InformationAppeal from the United States District Court for the District of South Dakota.Submitted: February 13, 2009Filed: July 1, 2009
JudgesBefore LOKEN, Chief Judge, MELLOY and BENTON, Circuit Judges.Opinion by MELLOY, Circuit Judge.
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