WHITAKER v. MONROE STAFFING SERVICES, LLC

No. 21-1217.

42 F.4th 200 (2022)

Pamela D. WHITAKER, Plaintiff-Appellee, v. MONROE STAFFING SERVICES, LLC; Staffing 360 Solutions, Inc., Defendants-Appellants.

United States Court of Appeals, Fourth Circuit.

Decided: July 22, 2022.


Attorney(s) appearing for the Case

ARGUED: Jonathan D. Pressment , HAYNES & BOONE, LLP, New York, New York, for Appellants. Grover Gray Wilson , NELSON MULLINS RILEY & SCARBOROUGH LLP, Winston-Salem, North Carolina, for Appellee. ON BRIEF: Craig D. Schauer , BROOKS, PIERCE, MCLENDON, HUMPHREY & LEONARD, L.L.P., Greensboro, North Carolina; Abbey Gauger , HAYNES & BOONE, LLP, New York, New York, for Appellants. Stuart H. Russell , NELSON MULLINS RILEY & SCARBOROUGH LLP, Winston-Salem, North Carolina, for Appellee.

Vacated and remanded with instructions by published opinion. Senior Judge Keenan wrote the majority opinion, in which Judge Heytens joined. Judge Richardson wrote an opinion concurring in part and concurring in the judgment.


This appeal raises issues concerning ripeness and the application of a contract's forum selection clause. In August 2018, plaintiff Pamela Whitaker entered into a share purchase agreement with the defendants for the sale of her business, which agreement the parties later amended (the contract, or the...

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