Duffield Back In Play, At Least Temporarily

Back on September 25, I noted the demise of Duffield by a 2-1 decision Duffield is the only circuit decision holding that Title VII claims can not be the subject of mandatory arbitration. Today, the 9th Circuit granted rehearing en banc, which has the effect of at least temporarily making Duffield once again the law of the 9th Circuit. The 9th Circuit is always interesting, although that is not exactly the term my fellow management lawyers who practice there would probably use. For more on the 9th Circuit and on the underlying panel decision check out the story in How Appealing.