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Darrington v. Milton Hershey Sch.

3rd Circuit

May 6, 2020

Two former employees of the Milton Hershey School sued for discrimination and retaliation after they were fired. The school moved to compel arbitration under the collective bargaining agreement, and the district court denied the motion. On appeal, the 3rd Circuit found that the state-law claims were subject to the Federal Arbitration Act. In the absence of any state law to the contrary, the federal clear-and-unmistakable standard was applied and met. Thus, the matter should have gone to arbitration.

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