A former employee of our client King Motor Company signed an arbitration agreement during his employment. He later sued for religious discrimination and we moved to compel arbitration. The plaintiff opposed arbitration, arguing that the "loser pays" fee-shifting provision in the arbitration agreement denied him a remedy under Title VII, because a prevailing defendant in a Title VII case generally cannot recover its attorneys’ fees from the plaintiff. A Florida federal court agreed and denied the motion to compel arbitration. We appealed and the 11th Circuit reversed, holding that the possibility that the plaintiff might have to pay the defendant’s attorneys’ fees was too speculative to invalidate the agreement.
Former University of Miami campus police officers sued the University and the City of Coral Gables in Florida federal court claiming they were entitled to receive the same pay and benefits provided to Coral Gables police officers. The city authorized the campus police to exercise police powers and classified the officers as part-time city officers even though they were full-time employees of the University. The plaintiffs filed five amendments to their complaint, alleging negligent misrepresentation, conspiracy, Florida RICO, whistleblower claims, retaliation, due process and section 1983 claims. We moved for summary judgment on behalf of our client the University of Miami, and the court granted the University’s motion as well as the city’s motion as to all of the plaintiffs’ claims.