Burch v. P.J. Cheese, Inc., No. 13-15042 (11th Cir. 2017)Annotate this Case
Specific procedures provided in Section 4 of the Federal Arbitration Act (FAA), 9 U.S.C. 1 et seq., demanding a jury trial on arbitrability issues displace the general procedures for demanding a jury trial under the Federal Rules of Civil Procedure. Plaintiff filed suit against his former employer, alleging discrimination in violation of several federal statutes. The Eleventh Circuit held that the district court did not err in holding a bench trial on the signature issue in spite of plaintiff's general demand for a jury trial in his complaint. Furthermore, the employer's participation in litigation on the merits of plaintiff's claims after the district court's initial denial of his motion to compel arbitration was not inconsistent with its right to arbitration. Accordingly, the court affirmed the district court's order granting the employer's motion to compel arbitration and dismissing plaintiff's claims without prejudice.