Legal Opinion

Marino v. Dillard's, Inc.

Court of Appeals for the Fifth Circuit

Decided June 21, 2005No. 04-30911PublishedCited by 18 opinions

1Opinion of the Court

EMILIO M. GARZA, Circuit Judge:

Karen Marino sued her former employer, Dillard’s, Inc. (“Dillard’s”), for unlawful termination and failure to accommodate her alleged disability under the Americans with Disabilities Act (“ADA”). Dillard’s moved to compel arbitration and to dismiss or stay the judicial proceedings pending arbitration. The district court denied the motion, ruling that Marino had not assented to arbitration. Dillard’s implemented an arbitration program and provided its employees — including Marino — with two documents: (1) the “Rules of Arbitration” and (2) a guidance memo…

2Cases cited8 opinions

  1. Primerica Life Insurance v. BrownCourt of Appeals for the Fifth Circuit · 2002
  2. Cook v. AAA Worldwide Travel AgencySupreme Court of Louisiana · 1978
  3. Hurley v. FoxLouisiana Court of Appeal · 1988
  4. Util. L. Rep. P 13,946, 38 Fed. R. Evid. Serv. 531 Concise Oil & Gas Partnership, Austral Oil Company, Inc. And Energy Consultants, Inc., Cross-Appellees v. Louisiana Intrastate Gas Corporation, Cross-AppellantCourt of Appeals for the Fifth Circuit · 1993
  5. Amanda S. May v. Higbee Company, Doing Business as Dillard's William CarrCourt of Appeals for the Fifth Circuit · 2004

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3Cited by18 opinions

  1. Lee Caley v. Gulfstream Aerospace Corp.Court of Appeals for the Eleventh Circuit · 2005
  2. Shirley Cotton v. GGNSC Batesville, L.L.C.Court of Appeals for the Fifth Circuit · 2016
  3. Jasper Contractors, Inc. v. E-Claim.com, LLCLouisiana Court of Appeal · 2012
  4. Fitz v. Islands Mechanical Contractor, Inc.District Court, Virgin Islands · 2010
  5. Axiall Canada Inc. v. M E C S IncDistrict Court, W.D. Louisiana · 2021

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