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IN RE IBM ARBITRATION AGREEMENT LITIGATION

No. 22-1728 August Term 2022.

76 F.4th 74 (2023)

IN RE: IBM ARBITRATION AGREEMENT LITIGATION. Gregory Abelar, William Abt, Brian Brown, Brian Burgoyne, Mark Carlton, William Chastka, Phillip Corbett, Denise Cote, Michael Davis, Mario Di-Felice, Joseph Duffin, Brian Flannery, Fred Gianiny, Om Goeckermann, Mark Guerinot, Deborah Kamienski, Douglas Lee, Colleen Leigh, Stephen Mandel, Mark McHugh, Sandy Plotzker, Alexander Saldarriaga, Richard Ulnick, Mark Vornhagen, James Warren, and Dean Wilson, Plaintiffs-Appellants, v. International Business Machines Corporation, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided: August 4, 2023.

Attorney(s) appearing for the Case

Shannon Liss-Riordan , Lichten & Liss-Riordan, P.C., Boston, MA ( Thomas Fowler , on the brief), for Plaintiffs-Appellants.

Traci L. Lovitt , Jones Day, New York, NY ( Anthony J. Dick , Jones Day, Washington, DC; Matthew W. Lampe , Erika D. Cagney , Jones Day, New York, NY; J. Benjamin Aguiñaga , Jones Day, Dallas, TX, on the brief), for Defendant-Appellee.

Before: Pooler, Wesley, and Park, Circuit Judges.

Plaintiffs are twenty-six former employees of International Business Machines Corporation ("IBM") who signed separation agreements requiring them to arbitrate any claims arising from their termination by IBM. The agreements set a deadline for initiating arbitration and included a confidentiality requirement. Plaintiffs missed...

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