Thomas v. Mathieu

(concurring in part and dissenting in part and voting to affirm the order): While I agree with the majority that plaintiffs claims fall within the scope of the arbitration provision of Bally’s Employee Dispute Resolution Procedures, I disagree with the majority’s decision to stay this action pending arbitration. In my view, the dismissal of plaintiffs action was not based on the existence of an arbitration agreement, but rather on plaintiffs relitigation of issues that were already decided in a prior Civil Court order. Thus, I vote to affirm.

A party is collaterally estopped from relitigating…