DELTITO v. REPUBLIC WESTERN INSURANCE
2:24-cv-02781
E.D. Pa.Mar 11, 2025Background
- Victoria Deltito was hired by U-Haul Co. of Pennsylvania (U-Haul PA) in 2014 and signed an arbitration agreement (the EDR) applying to disputes related to her employment with U-Haul PA.
- In 2018, Deltito transferred to work for affiliated company Republic Western Insurance/Repwest Insurance Company (RepWest).
- RepWest fired Deltito in June 2023; she then filed suit alleging sex discrimination under Title VII regarding her employment with RepWest.
- RepWest sought to compel arbitration based on the EDR Deltito signed with U-Haul PA.
- The Court previously denied RepWest’s first motion to compel arbitration to allow discovery on arbitrability; after limited discovery, RepWest renewed its motion.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does the arbitration agreement (EDR) govern Deltito’s claim regarding RepWest? | Deltito: The EDR only covers disputes arising from her employment with U-Haul PA, not RepWest. | RepWest: As an affiliate of U-Haul PA, the EDR covers RepWest employment disputes. | The agreement applies only to disputes related to U-Haul PA employment—not RepWest—so the claim is outside the EDR’s scope. |
| Effect of Deltito's failure to respond to Requests for Admission (RFAs) on arbitrability | Deltito: Failure to respond should not bind her to arbitration of RepWest employment disputes. | RepWest: Failure to respond to RFA admitting EDR governs the action is binding and requires arbitration. | Arbitrability is a legal question for the court; failure to respond to RFAs cannot expand the scope of the arbitration agreement. |
Key Cases Cited
- United Steelworkers v. Warrior & Gulf Nav. Co., 363 U.S. 574 (arbitration is a creature of contract, and parties can't be compelled to arbitrate disputes they haven't agreed to)
- Celotex Corp. v. Catrett, 477 U.S. 317 (summary judgment standard)
- Scott v. Harris, 550 U.S. 372 (summary judgment: facts viewed in light most favorable to non-movant)
- Doe v. Abington Friends Sch., 480 F.3d 252 (summary judgment: non-movant must show genuine dispute over material fact)
- Gay v. CreditInform, 511 F.3d 369 (if a valid arbitration agreement covers the dispute, parties must be compelled to arbitrate)
- Tracinda Corp. v. DaimlerChrysler AG, 502 F.3d 212 (waiver of rights through arbitration agreement must be knowing and voluntary)