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MATHEWS v. DENVER NEWSPAPER AGENCY LLP

No. 09-1233.

649 F.3d 1199 (2011)

John MATHEWS, Plaintiff-Appellant, v. DENVER NEWSPAPER AGENCY LLP, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

May 16, 2011.

Attorney(s) appearing for the Case

Barry D. Roseman , McNamara, Roseman, Martínez & Kazmierski, LLP, Denver, CO, for Plaintiff-Appellant.

Mary Hurley Stuart ( Jason R. Prussman with her on the brief), Husch Blackwell Sanders LLP, Denver, CO, for Defendant-Appellee.

Before MURPHY, McKAY, and O'BRIEN, Circuit Judges.

MURPHY, Circuit Judge.

I. Introduction

This case concerns the efforts of John Mathews, formerly a unionized employee of Denver Newspaper Agency, LLP (the "Agency"), to litigate certain statutory employment discrimination claims despite having previously arbitrated similar contractual claims to a final, adverse determination. Believing the Supreme Court's recent decision in 14 Penn Plaza LLC v. Pyett, 556 U.S. 247, 129 S.Ct. 1456

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