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Decision in Arbitration Matter re Foreclosure Action, Plus Employment Discrimination Suit

By FindLaw Staff on July 02, 2010 | Last updated on March 21, 2019

Hurley v. Deutsche Bank Trust Co., Ams., No. 09-1964  concerned plaintiffs' suit against Deutsche Bank and others claiming violations of the Servicemembers' Civil Relief Act (SCRA), and state law claims of infliction of emotional distress, fraud and conversion, arising from the defendants' foreclosure of plaintiffs' home.  In affirming the district court's denial of defendants' motion to compel arbitration on the basis that they waived their right to enforce an arbitration clause against plaintiffs, the court held that the defendants took actions inconsistent with any reliance on the waiver provision and plaintiffs have suffered actual prejudice as a result of defendants' delay.

Lowe v. Hamilton County Dep't of Job & Family Serv., No. 09-3432, concerned a plaintiff's employment discrimination suit against Hamilton County Department of Job and Family Services (HCJFS), claiming race, age, and disability discrimination and retaliation.  In affirming the district court's grant of defendant's summary judgment on the race and age discrimination claims and denial of summary judgment on disability discrimination and retaliation claims, the court held that the district court properly characterized the defendant as a political subdivision, rather than as an arm of the state, and defendant has not met its burden of showing that it is entitled to Eleventh Amendment sovereign immunity.

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