Legal Opinion
Lorntzen v. Swift Transportation, Inc.
District Court, D. Kansas
Decided April 2, 2004No. CIV.A.03-2405-CMPublishedCited by 19 opinions
1Opinion of the Court
MEMORANDUM AND ORDER
MURGUIA, District Judge.
This matter comes before the court on defendant’s Motion to Stay Proceedings and to Compel Arbitration (Doc. 8). Defendant asserts that the parties are bound to arbitrate any disputes arising from plaintiffs employment, while plaintiff contends she is exempt from the Federal Arbitration Act (“FAA”), and that the arbitration agreement is illusory and unconscionable.
I. Transportation Worker Exemption to the FAA
The FAA establishes that valid agreements between parties to arbitrate their disputes are enforceable.
A written provision in any maritime…
2Cases cited9 opinions
- Circuit City Stores, Inc. v. AdamsSupreme Court of the United States · 2001
- Clinton Cole v. Burns International Security ServicesCourt of Appeals for the D.C. Circuit · 1997
- Deborah Patterson v. Tenet Healthcare, Inc.Court of Appeals for the Eighth Circuit · 1997
- Tenney Engineering, Inc. v. United Electrical Radio & MacHine Workers of America, (u.e.) Local 437Court of Appeals for the Third Circuit · 1953
- Joan Bacashihua, American Postal Workers Union v. United States Postal ServiceCourt of Appeals for the Sixth Circuit · 1988
4 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Troy J. Lenz v. Yellow Transportation, Inc.Court of Appeals for the Eighth Circuit · 2005
- In Re Swift Transportation Co., Texas Court of Appeals, 8th District (El Paso)2009
- In Re Villanueva, Texas Court of Appeals, 8th District (El Paso)2009
- Muller v. Roy Miller Freight Lines, LLC, California Court of Appeal, 5th District2019
- Western Dairy Transport, LLC v. Vasquez, Texas Court of Appeals, 8th District (El Paso)2014
14 more not listed; retrieve them via the Exa API.