In a controversial arbitration-related opinion, the 5th U.S. Circuit Court of Appeals recently found that a Marine Corps Reserves officer who alleged he was fired from his job because he had been called up for duty in Iraq cannot avoid an arbitration hearing.

According to the May 11 opinion in Michael T. Garrett v. Circuit City Stores Inc., Garrett argued that the Uniformed Services Employment and Reemployment Rights Act, which protects the employment rights of members of the Armed Forces, precludes the enforcement of individual contracts to arbitrate such employment disputes.

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