Ryan v. Buckleysandler, L.L.P.
69 F. Supp. 3d 140
D.D.C.2014Background
- Plaintiff, a pro se attorney, sues BuckleySandler LLP and employees alleging age discrimination under the DCHRA and ADEA.
- Defendants move to dismiss and compel arbitration based on an Arbitration Agreement signed at employment start; a Separation Agreement later issued a merger clause but not addressing arbitration.
- Plaintiff alleges promotions were denied due to age; termination occurred January 31, 2013, after which a Separation Agreement was signed releasing age-discrimination claims.
- Separation Agreement contains a broad merger clause but is silent on the arbitration forum; arbitration clause concerns a different subject matter and remains at issue.
- Plaintiff also claims an Unsigned Employment Agreement, which he declined to sign, affects arbitration; the court finds it does not revoke the arbitration clause.
- Court must decide whether to dismiss or stay; it ultimately holds all claims are arbitrable and grants dismissal in favor of arbitration proceedings.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether arbitration clause survives Separation Agreement | Ryan contends merger clause nullifies arbitration | Arbitration clause remains enforceable despite Separation Agreement | Arbitration clause remains enforceable |
| Whether Unsigned Employment Agreement voids arbitration | Silence/refusal to sign constitutes revocation by BuckleySandler | No valid modification or revocation of arbitration terms | Unsigned Agreement does not revoke arbitration |
| Whether the case should be stayed or dismissed pending arbitration | Stay pending arbitration preferred; issue merits arbitrable | All claims are arbitrable; dismissal appropriate to avoid duplicative proceedings | Court dismisses; all claims are within arbitration |
Key Cases Cited
- Rent-A-Center, W., Inc. v. Jackson, 561 U.S. 63 (2010) (arbitration is a matter of contract; determine agreement to arbitrate first)
- Mitsubishi Motors Corp. v. Soler Chrysler-Plymouth, 473 U.S. 614 (1985) (scope and enforceability of arbitration agreements under FAA)
- Granite Rock Co. v. Int'l Bhd. of Teamsters, 561 U.S. 287 (2010) (court may order arbitration only where parties agreed; questions of arbitrability)
- Aliron Int'l, Inc. v. Cherokee Nation Indus., Inc., 531 F.3d 863 (D.C. Cir. 2008) (D.C. Circuit on staying or dismissing arbitral disputes under FAA §3)
- Pelletier v. Yellow Transp., Inc., 549 F.3d 578 (1st Cir. 2008) (separate forum selection vs arbitration clauses; forum matters distinct from underlying claims)
- Cont’l Cas. Co. v. Am. Nat’l Ins. Co., 417 F.3d 727 (7th Cir. 2005) (circuit view on §3 stay when all issues are arbitrable)
- Dialysis Access Ctr., LLC v. RMS Lifeline, Inc., 638 F.3d 367 (1st Cir. 2011) (majority supports dismissal when all claims are arbitrable)