One Defendant Compels Arbitration, Others “Wait and See”

What opportunities are created when only one defendant moves to compel arbitration, and who gets the advantage? This is the scenario that confronted the D.C. Court of Appeals in Walker v. FedEx Office & Print Services, Inc., __ A.3d __, 2015 WL 4773731 (D.C. Aug. 13, 2015), downloadable at http://bit.ly/1Js5OWn. Kisha Walker, a terminated manager, sued the company under the D.C. Human Rights Act, alleging racial discrimination and retaliation. She also named as defendants her supervisor and a Human Resources official, alleging that they aided and abetted FedEx. The Agreement Walker had signed an optional arbitration agreement that applied to “all claims…

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