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Civil Procedure Case Brief # 1

Title and Citation: Emeronye v. CACI International, Inc., 141 F.Supp 2d 82 (2001)

Identities of Parties: (P) Charity Emeronye is Nigerian female with a law degree
and an L.L.M. filed suit against her former employer (D) CACI International, Inc for
racial discrimination under 42 U.S.C. 1981, title VII and the Civil Rights Act of 1964.

Procedural History: In district court (federal issues) D moves to dismiss case
under Federal Rules of Civil Procedure 12(b).

Facts: P began working for the D in May 1997 as a temporary coder and on August
6, 1997 the D offered the P a permanent position as a paralegal. Offer both parties
signed letter, then D requested that P sign an employee agreement, which was
attached to the offer letter. The offer letter stated that your signature on the
employee agreement acknowledges your understanding of the requirements
contained therein and your agree to abide by them. P argues that arbitration should
not occur because: (1) The Federal Arbitration Act 9 does not apply to employment
contracts, (2) the employment contract was an adhesion contract that P did not
assent, (3) contract here does not contain a clear wavier of statutory and (4) under
the FAA, a court can stay a case pending arbitration but cannot dimiss. P signed the
offer letter along with the employee agreement that said if a claim arising including
discrimination it is to be settled through arbitration. P began work at the company
and alleges that in 1997, her supervisor (white female) denied her several different
opportunities based on her race. P filed suit against D on September 21, 2000.

Issue(s): (A) Whether federal arbitration clause applies to employment contracts?
(B) Whether the employment contract was an adhesion contract? (C) Whether the
contract here contains a clear waiver of statutory laws? (D) Can courts under the
FAA stay a case pending arbitration but not dismiss?

Holding and Rule: (A) Yes, the plaintiff does show that the employment agreement
is not within the scope of the FAA. (B) Yes, signature on the contract indicates
mutual assent, and a party is bound by the contract unless she can show special
circumstances to exempt her from the contract. (C) No, plaintiff is not waiving any
substantive rights but simply subjecting her claims to a different forum. (D) No,
court can still dismiss a case.

Courts Reasoning: The P claims are subject to arbitration because the contract
between P and D are enforceable. Also the arbitration clause does not violate any
laws or procedure issues put in place.

Judgment and Order: D motion to dismiss and to arbitration is granted.