Legal Opinion

Nghiem v. NEC Electronic, Inc.

Court of Appeals for the Ninth Circuit

Decided June 3, 1994No. 92-16155PublishedCited by 33 opinions

1Opinion of the Court

Opinion by Judge O’SCANNLAIN.

O’SCANNLAIN, Circuit Judge:

In this challenge to an arbitrator’s award, we are asked to decide, among other issues, whether the so-called “American Safety doctrine” continues to prevent submission of antitrust claims to arbitration.

I

Peter Nghiem, an American citizen of Vietnamese heritage, was employed by NEC Electronics, Inc. in California from August 31, 1989 until he was fired in June 1990. Nghiem brought suit against NEC Electronics, Inc., NEC Corporation (Tokyo) Japan, and co-employees (collectively “NEC”) alleging, inter alia, wrongful termination, race…

2Cases cited17 opinions

  1. Moses H. Cone Memorial Hospital v. Mercury Construction Corp.Supreme Court of the United States · 1983
  2. Mitsubishi Motors Corp. v. Soler Chrysler-Plymouth, Inc.Supreme Court of the United States · 1985
  3. Alexander v. Gardner-Denver Co.Supreme Court of the United States · 1974
  4. Gilmer v. Interstate/Johnson Lane Corp.Supreme Court of the United States · 1991
  5. Shearson/American Express Inc. v. McMahonSupreme Court of the United States · 1987

12 more not listed; retrieve them via the Exa API.

3Cited by33 opinions

  1. Rafael Sanjuan and Marcello A. Maviglia v. The American Board of Psychiatry and Neurology, Inc., and Stephen C. ScheiberCourt of Appeals for the Seventh Circuit · 1995
  2. Hammes v. AAMCO Transmissions, Inc.Court of Appeals for the Seventh Circuit · 1994
  3. Norcal Mutual Insurance Company v. NewtonCalifornia Court of Appeal · 2000
  4. Astrid E.A. Omohundro, Individually and as the Beneficiary of the Estate of Stuart W. Omohundro v. United StatesCourt of Appeals for the Ninth Circuit · 2002
  5. Bischoff v. DirecTV, Inc.District Court, C.D. California · 2002

28 more not listed; retrieve them via the Exa API.

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