Freeman v. Pittsburgh Glass Works, LLC, No. 12-2026 (3d Cir. 2013)
Annotate this CaseFreeman worked at PPG until his firing in 2008; PGW subsequently assumed PPG’s liabilities. PPG maintains a 40 percent interest in PGW. After losing his job, Freeman, age 60, sued PGW under the Age Discrimination in Employment Act, 29 U.S.C. 621. The parties entered a binding arbitration agreement, listing three potential arbitrators. Lally-Green, a law school teacher, formerly a state judge, appeared at the top of both lists. Lally-Green acknowledged that she “knew some people at PPG” and had taught a seminar with a PPG attorney. The parties proceeded with Lally-Green as their arbitrator. The proceeding was fair and thorough. Lally-Green concluded that Freeman lost his job because he “had limited recent sales experience ... [and] received average performance ratings in a poorly performing region.” Three months later, Freeman moved to vacate the decision, claiming that Lally-Green had failed to disclose campaign contributions that she had received from PPG and its employees during her campaign for a seat on the state’s highest court. These contributions totaled $4,500. Lally-Green had raised $1.7 million during her unsuccessful campaign. The district court denied the motion. The Third Circuit affirmed, noting that the law firm representing Freeman had contributed $26,000 to Lally-Green’s campaign.
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