Supreme Court Splits Claims to be Litigated in Court and Claims to Be Arbitrated

KPMG LLP v. Robert Cocchi et al., No. 10-1521 (U.S. Nov. 7, 2011).

The Supreme Court, in a short opinion, held that if some claims are subject to an arbitration agreement, but others are not, then the plaintiff must proceed with arbitration on the former claims, and in court on the latter claims, even if the result is piecemeal litigation.


Ministerial Exception Applies and Precludes ADA Retaliation Claim by Church School Teacher

Hosanna-Tabor v. EEOC, No. 10-553 (U.S. Jan. 2012).

The Supreme Court, in Hosanna-Tabor v. EEOC, reversed the Sixth Circuit - which had held that a teacher (Ms. Perich) at a church school could bring a ADA retaliation claim - and instead held that the religious or ministerial exemption to ADA (similar to that for Title VII) precluded her claims, since the church regarded the teacher as a minister.

Newsletter Volume: 
Newsletter - January/February 2012