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WYATT v. GOV'T OF VIRGIN ISLANDS

No. 02-2695, 02-3762.

385 F.3d 801 (2004)

WYATT, VIRGIN ISLANDS, INC., Hovensa, LLC, Intervenor-Plaintiff in District Court v. GOVERNMENT OF THE VIRGIN ISLANDS BY AND THROUGH THE VIRGIN ISLANDS DEPARTMENT OF LABOR; Cecil Benjamin, in His Official Capacity as Commissioner of the Virgin Islands Department of Labor Virginie George; Malcolm Maccow; Edgar Barrios; Claude Gaine Intervenors-Defendants in District Court Government of the Virgin Islands, Appellant Virginie George, Malcolm Maccow, Edgar Barrios and Claude Gaines, Appellants.

United States Court of Appeals, Third Circuit.

Filed October 12, 2004.

Attorney(s) appearing for the Case

Iver A. Stridiron, Attorney General, Elliott M. Davis, Solicitor General, Douglas J. Juergens (Argued), Maureen Phelan, Richard S. Davis, Assistant Attorney General, Department of Justice, St. Thomas, VI, K. Glenda Cameron (Argued), Lee J. Rohn, Law Office Lee J. Rohn, Christiansted, St. Croix, USVI, for Appellants.

Charles E. Engeman (Argued), Ogletree, Deakins, Nash, Smoak & Stewart, Charlotte Amalie, St. Thomas, VI, W. Carl Jordan, Tara Porterfield (Argued), Vinson & Elkins L.L.P., Houston, TX, George H.T. Dudley, Micol L. Morgan, Dudley, Topper and Feuerzeig, LLP, Charlotte Amalie, St. Thomas, USVI, for Appellees.

Before ROTH, McKEE and COWEN, Circuit Judges.

ROTH, Circuit Judge.

Plaintiffs, Wyatt V.I., Inc., and HOVENSA, L.L.C., brought an action for declaratory and injunctive relief in the District Court of the Virgin Islands. The dispute arose from the requirement Wyatt imposed on prospective employees that they sign a Dispute Resolution Agreement (DRA) as a condition of employment. Plaintiffs sought (1) a declaration that the DRA is enforceable and (2) an injunction to prohibit the Commissioner of the Department of...

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