Sandra Riederer v. United Healthcare Services, In, No. 16-3041 (7th Cir. 2016)
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The court issued a subsequent related opinion or order on July 24, 2018.
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NONPRECEDENTIAL DISPOSITION To be cited only in accordance with Fed. R. App. P. 32.1 United States Court of Appeals For the Seventh Circuit Chicago, Illinois 60604 Submitted November 10, 2016* Decided November 14, 2016 Before RICHARD A. POSNER, Circuit Judge FRANK H. EASTERBROOK, Circuit Judge DIANE S. SYKES, Circuit Judge No. 16- 3041 Appeal from the United States District Court for the Eastern District of Wisconsin. SANDRA RIEDERER, Plaintiff- Appellee, v. No. 15- C- 1292 William C. Griesbach, Chief Judge. UNITED HEALTHCARE SERVICES, INC., Defendant- Appellant. Order Sandra Riederer brought this suit as a class action on behalf of persons employed by United Healthcare, which asked the district court to refer the proceeding to a series of arbitrations, one for each employee. The district court denied this motion, observing that Lewis v. Epic Systems Corp., 823 F.3d 1147 (7th We have unanimously agreed to decide the case without argument because the briefs and record adequately present the facts and legal arguments, and argument would not significantly aid the court. See Fed. R. App. P. 34(a)(2)(C). * No. 16- 3041 Page 2 Cir. 2016), held invalid a contractual waiver of employees’ opportunity to proceed collectively. United immediately appealed on the authority of 9 U.S.C. §16(a). It concedes that Lewis is dispositive but contends that it is wrongly decided and asks us to overrule it. Yet Lewis was circulated before release to all active judges under Circuit Rule 40(e), and none favored a hearing en banc. There is an entrenched conflict among the circuits on the question in Lewis, and this court’s reconsideration could not spare the Supreme Court the need to resolve the conflict. Multiple petitions for certiorari in cases presenting this question are pending before the Supreme Court. That is the right forum for United’s arguments. AFFIRMED
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