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ARTICLE · 02 JUNE 2017

Sixth Circuit Affirms Finding Arbitrator Had Reasonable Basis To Deny Wage Discrimination Claim

Plaintiff raised three arguments in support of her motion to vacate an arbitration award: "(1) that the arbitrator exceed his powers or so imperfectly executed them that a mutual, final...

United StatesLitigation, Mediation & Arbitration

Plaintiff raised three arguments in support of her motion to vacate an arbitration award: "(1) that the arbitrator exceed his powers or so imperfectly executed them that a mutual, final, and definite award upon her claims was not made; (2) that the arbitrator acted in manifest disregard of the applicable law and in violation of clear public policy; and (3) that there was an evident material mistake in the description of the facts and evidence presented at the hearing with respect to [Plaintiff's] claims." Ultimately, the Court found her arguments "did not overcome the substantial deference that courts must give to an arbitrator's decision on review."

The Court specifically looked at the applicable law under both the ADEA and the age-discrimination provisions of the THRA, finding Plaintiff was unable to "demonstrate that the arbitrator misinterpreted the law – much less that the arbitrator exceeded his authority such that [Plaintiff] is entitled to vacatur of the

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