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Hooters of America, Inc. v. Phillips

United States District Court for the District of South Carolina
39 F.Supp.2d 582 (1998), affirmed on other grounds, 173 F.3d 933, 935 (4th Cir. 1999)


Facts

Annette Phillips (Phillips) (defendant) was an employee of Hooters of Myrtle Beach (HOMB). HOMB is a franchisee of Hooters of America (HOA) (plaintiff). Twice during the course of her employment Phillips signed an agreement to arbitrate. The agreement stated that both Phillips and HOA agreed to arbitrate any dispute. The agreement incorporated arbitration procedures. HOA reserved the right to change the arbitration procedures at any time, and those procedures were very favorable to HOA. While working at HOMB, Phillips was allegedly sexually harassed. Phillips sued HOA, and HOA filed this declaratory action and motion to compel arbitration.

Rule of Law

Issue

Holding and Reasoning (Currie, J)

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