For years, Texas lawyers have tried every tactic imaginable to convince the 5th U.S. Circuit Court of Appeals that binding arbitration should not resolve their clients' fates, with little success. But John Crouch is adding a new argument to the debate: statistics.
Samantha Diggs v. Citigroup was fully briefed before the 5th Circuit this month. Crouch represents Samantha Diggs, who alleges that that the American Arbitration Association (AAA) is systematically "biased" against employees in employment disputes. To prove it, Diggs' May 15 brief cites a 2009 affidavit and study performed by Cornell University labor law professor Alexander Colvin. Colvin looked at 1,213 employment awards handled by AAA between 2003 and 2007.
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