Susan M. ROSENBERG, Plaintiff, Appellee,
v.
MERRILL LYNCH, PIERCE, FENNER & SMITH, INC. and John Wyllys, Defendants, Appellants.
United States Court of Appeals, First Circuit.https://leagle.com/images/logo.png
Heard July 27, 1998.
Decided February 24, 1999.
Attorney(s) appearing for the Case
Allan Dinkoff, with whom Christopher P. Litterio, Barry Y. Weiner, Shapiro, Israel & Weiner, P.C., Mark K. Dichter, Joseph J. Costello, Marifrances Dant Bolger, and Morgan, Lewis, & Bockius LLP were on brief, for appellants.
Marc Redlich, with whom Merle Ruth Hass, Law Offices of Marc Redlich, and Richard P. Goodkin were on brief, for appellees.
Sally Dunaway, Cathy Ventrell-Monsees, AARP Foundation Litigation, Melvin G. Radowitz, and American Association of Retired Persons on brief for amicus curiae American Association of Retired Persons.
Joel Z. Eigerman, Roche, Carens & DeGiacomo, P.C., and Jeffrey M. Friedman on brief for amicus curiae American Jewish Congress.
Erin Quinn Gery, Ann Elizabeth Reesman, McGuiness & Williams, Stephen A. Bokat, Robin S. Conrad, Sussan L. Mahallati, and National Chamber Litigation Center, Inc. on brief for amici curiae Equal Employment Advisory Council and The Chamber of Commerce of the United States.
Robert J. Gregory, with whom C. Gregory Stewart, Philip B. Sklover, and Lorraine C. Davis were on brief, for amicus curiae Equal Employment Opportunity Commission.
Michael Rubin, Altshuler, Berzon, Nussbaum, Berzon & Rubin, Cliff Palefsky, and McGuinn, Hillsman & Palefsky on brief for amici curiae National Employment Lawyers Association, NOW Legal Defense and Education Fund, National Women's Law Center, and National Partnership for Women and Families.
Russell E. Brooks, Stacey J. Rappaport, and Milbank, Tweed, Hadley & McCloy on brief for amicus curiae New York Stock Exchange, Inc.
Jody E. Forchheimer, Rinchelle S. Kennedy, and Bingham Dana LLP on brief for amicus curiae The Securities Industry Association.
Susan Von Struensee on brief for amicus curiae Susan Von Struensee.
Sydelle Pittas and Pittas Koenig on brief for amicus curiae The Women's Bar Association (of Massachusetts).
Before BOUDIN, Circuit Judge, WELLFORD, Senior Circuit Judge, and LYNCH, Circuit Judge.
United States Court of Appeals, First Circuit.
LYNCH, Circuit Judge Circuit Judge.
The question raised is whether Congress intended to prohibit enforcement of pre-dispute arbitration agreements covering employment discrimination claims under Title VII and the Age Discrimination in Employment Act as a matter of law in all cases or at least under certain facts said to be present here. Every circuit that has considered the issue save one has upheld the use of such agreements. The case here, in which the district...
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