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Arbitration

By: Derek Hawkins//September 18, 2019//

Arbitration

By: Derek Hawkins//September 18, 2019//

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7th Circuit Court of Appeals

Case Name: Rajesh Gupta v. Morgan Stanley Smith Barney, LLC, et al.

Case No.: 18-3584

Officials: SYKES, BRENNAN, and SCUDDER, Circuit Judges.

Focus: Arbitration

This appeal presents a question of contract formation. After Rajesh Gupta sued his former employer Morgan Stanley for discrimination, retaliation, and defamation, the company moved to compel arbitration. Morgan Stanley contends Gupta agreed to arbitrate these claims after he did not opt out of the company’s arbitration agreement. Gupta responds that during his employment he neither saw an arbitration offer nor agreed to arbitrate employment-related disputes. The district court sided with Morgan Stanley and sent the parties off to arbitration. Gupta appeals this ruling, and we affirm.

Affirmed

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Derek A Hawkins is trademark corporate counsel for Harley-Davidson. Hawkins oversees the prosecution and maintenance of the Harley-Davidson’s international trademark portfolio in emerging markets.

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