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Disclaimer: The case on which this summary is based may no longer be current law. Also, if the case was decided on summary judgment, the court recited the "facts" in the light most favorable to the non-movant, which may not be the true facts.

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Wright v. Universal Maritime Service Corp., 525 U.S. 70, 119 S.Ct 391 (November 16, 1998)

Keywords: Arbitration agreement (waiver)

Introduction: Wright sued six different stevedore companies and the South Carolina Stevedores Association (SCSA) under the ADA. The district court dismissed the case because Wright failed to exhaust his remedies under the collective bargaining agreement (CBA). The Fourth Circuit affirmed. The Supreme Court vacates and remands.

Facts: The union-negotiated CBA does not specifically mention the ADA.

Law:

1.  The Supreme Court holds that the waiver of a statutorily protected right in a CBA must be "clear and unmistakable." Since it was not in this case, the Supreme Court vacates and remands.

2.  The Supreme Court does not reach the question of whether the waiver would have been enforceable.

3.  Click here to see actual case.

 
 


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