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22-1252
Appellate - 10th Circuit
3442 Civil Rights Employment
The Tenth Circuit refused to let an ex-Halliburton employee continue fighting an age discrimination case that led the U.S. Supreme Court to rule that voluntarily dismissed suits can be reopened, ruling he hadn't shown there were extraordinary circumstances that warranted pulling his claims from arbitration.
Despite fears of "litigation gamesmanship," the U.S. Supreme Court held Wednesday that cases dismissed voluntarily can later be eligible for special judicial relief and reopening, even if a statute of limitations would typically block the lawsuit.
As the U.S. Supreme Court on Tuesday analyzed judicial powers to reopen dismissed cases, a Halliburton attorney sought to steer oral arguments toward questions the high court hadn't agreed to address, testing some justices' patience and eventually prompting the attorney to insist he wasn't "afraid of the question presented."
An ex-Halliburton employee who briefly got his age bias lawsuit back on track after losing in arbitration asked the U.S. Supreme Court to scrutinize his case, arguing that the Tenth Circuit created a rift with other appeals courts when it nixed the reopening of his claims.
A split Tenth Circuit panel struck down a lower court decision that revived an age bias suit from an ex-Halliburton employee who went to arbitration with the company and then challenged the result, saying Monday that the trial court lacked the power to reopen the case.
A Tenth Circuit panel on Wednesday pressed a former Halliburton employee accusing the company of age discrimination to explain why he initially argued a U.S. Supreme Court ruling would block his suit and then changed his argument on appeal.