The U.S. Court of Appeals for the Sixth Circuit recently held in Blanton v. Domino’s Pizza Franchising, No. 19-2388 that an arbitration agreement that incorporates the American Arbitration Association’s National Rules of Resolution of Employment Disputes gives “clear and unmistakable” evidence that the parties agreed to arbitrate the question of whether the dispute at issue is itself arbitrable. While the U.S. Supreme Court had not yet answered the precise question in front of the Sixth Circuit in Blanton, the Supreme Court had sketched out the likely answer. Accordingly, the Sixth Circuit followed the lead of at least 11 other circuits and concluded where an arbitration agreement incorporated the AAA rules was unequivocal evidence that the parties had agreed to arbitrate the question of arbitrability.
Domino’s requires its franchises to refrain from soliciting or hiring employees from other franchises. In Blanton Derek Piersing had worked at one Domino’s franchise and then signed on to work with a second franchise. When Piersing was hired by the second franchise, he signed an arbitration agreement that incorporated the AAA rules. The first franchise fired Piersing because it thought it was required to do so under its franchise agreement. Eventually, Piersing brought a class action lawsuit against Domino’s alleging its franchise agreement violated federal antitrust law. Domino’s moved to compel arbitration under the Federal Arbitration Act.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.
For questions call 1-877-256-2472 or contact us at [email protected]
