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Employment – MPPAA — arbitration

By: WISCONSIN LAW JOURNAL STAFF//July 31, 2014//

Employment – MPPAA — arbitration

By: WISCONSIN LAW JOURNAL STAFF//July 31, 2014//

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U.S. Court of Appeals for the 7th Circuit

Civil

Employment – MPPAA — arbitration

Where an MPPAA dispute is in arbitration, the district court has no jurisdiction over the dispute.

“We explained in Blue Cross that a party’s request to tell an arbitrator how to act in a pending proceeding is not a request to compel arbitration, no matter what caption the litigant puts on its motion. And we added that ‘judges must not intervene in pending arbitration to direct arbitrators to resolve an issue one way rather than another. Trustmark Insurance Co. v. John Hancock Life Insurance Co., 631 F.3d 869 (7th Cir. 2011). Review comes at the beginning or the end, but not in the middle.’ 671 F.3d at 638. Once the arbitration is over, the losing side can seek judicial review. 29 U.S.C. §§ 1401(b)(2), 1451. Until then matters are in the hands of the arbitrator.”

Dismissed.

13-1566 Central States Southeast and Southwest Areas Pension Fund v. US Foods Inc.

Appeal from the United States District Court for the Northern District of Illinois, Bucklo, J., Easterbrook, J.

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