Darrington v. Milton Hershey School—civil / arbitration—reversal—Porter

The Third Circuit today reversed a district court’s motion to compel arbitration because the applicable contract, a union collective bargaining agreement, “clearly and unmistakably” waived a judicial forum. The suit alleged discrimination and retaliation after two school employees were fired shortly after complaining about the school’s mandatory religious programming. The Third Circuit applied the clear-and-mistakable standard to the arbitrability of a state-law claim, and it declined to adopt other circuits’ bright-line tests for deciding whether waivers are clear and unmistakable.

Joining Porter were Greenaway, Jr., and Matey. Arguing counsel were Michael Jones of Eckert Seamans for the appellants and Katherine Oeltjen of Console Mattiacci Law for the appellees.