U.S. Court of Appeals for the Eighth Circuit

Case Status


Docket Number


Case Updates

Petition for rehearing by panel granted

May 11, 2017

Click here to view the petition.

Eighth Circuit upholds use of arbitration reverses employmentfor ADEA claims

April 14, 2017

The Eighth Circuit reversed and remanded a the lower district court’s denial of decision to deny the defendant’s motion to compel arbitration, holding that the lower court did not have jurisdiction to decide this issue and that ADEA claims are covered by arbitration agreements.

U.S. Chamber files amicus brief urging reversal

January 14, 2016

The U.S. Chamber and Equal Employment Advisory Council filed an amicus brief urging the Eighth Circuit to overturn a lower court decision that ruled incorrectly that the Age Discrimination in Employment Act (“ADEA”), as amended by the Older Workers Benefit Protection Act (“OWBPA”), establishes a non-waivable right to sue in federal court to challenge the validity of releases of ADEA claims.

The brief argued that the OWBPA’s burden of proof provision does not override the Federal Arbitration Act’s (“FAA”) presumption in favor of arbitration. The brief also argued that the decision below imperils substantially all employment-related arbitration agreements, defeating the mutual benefits they offer to employers and employees alike.

Rae T. Vann and Ann Elizabeth Reesman of NT Lakis, LLP served as co-counsel for the amici.

Case Documents