HOOTERS OF AMERICA, INCORPORATED, a Georgia corporation, Plaintiff-Appellant,
v.
Annette R. PHILLIPS, an individual resident of South Carolina, Defendant & Third Party Plaintiff-Appellee,
v.
Hooters of Myrtle Beach, Incorporated, a Georgia corporation, Third Party Defendant-Appellant.
National Restaurant Association; Society of Professionals in Dispute Resolution; National Academy of Arbitrators; Equal Employment Opportunity Commission, Amici Curiae.
United States Court of Appeals, Fourth Circuit.https://leagle.com/images/logo.png
Argued January 28, 1999.
Decided April 8, 1999.
Attorney(s) appearing for the Case
ARGUED: Mark David Halverson, Elarbee, Thompson & Trapnell, L.L.P., Atlanta, Georgia, for Appellants. Sandra C. McCallion, Debevoise & Plimpton, New York, New York, for Appellee. Robert John Gregory, Equal Employment Opportunity Commission, Washington, D.C., for Amicus Curiae EEOC. ON BRIEF: Stanford G. Wilson, Elarbee, Thompson & Trapnell, L.L.P., Atlanta, Georgia, for Appellants. John S. Kiernan, Justin S. Weddle, Debevoise & Plimpton, New York, New York; Armand G. Derfner, Charleston, South Carolina; Terry Ann Rickson, Charleston, South Carolina; Thomas J. Henderson, Richard Seymour, Teresa A. Ferrante, Lawyers Committee for Civil Rights Under Law, Washington, D.C., for Appellee. C. Gregory Stewart, General Counsel, Philip B. Sklover, Associate General Counsel, Lorraine C. Davis, Assistant General Counsel, Equal Employment Opportunity Commission, Washington, D.C., for Amicus Curiae EEOC. Peter G. Kilgore, National Restaurant Association, Washington, D.C., for Amicus Curiae Association. Daniel Bowling, Society of Professionals in Dispute Resolution, Washington, D.C., for Amicus Curiae Society. Donald T. Weckstein, University Of San Diego, San Diego, California, for Amicus Curiae Academy.
Before WILKINSON, Chief Judge, TRAXLER, Circuit Judge, and GOODWIN, United States District Judge for the Southern District of West Virginia, sitting by designation.
United States Court of Appeals, Fourth Circuit.
Affirmed and remanded by published opinion. Chief Judge WILKINSON wrote the opinion, in which Judge TRAXLER and Judge GOODWIN joined.
OPINION
WILKINSON, Chief Judge:
Annette R. Phillips alleges that she was sexually harassed while working at a Hooters restaurant. After quitting her job, Phillips threatened to sue Hooters in court. Alleging that Phillips agreed to arbitrate employment-related disputes, Hooters preemptively filed suit to compel arbitration...
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