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Hill v. Ricoh Americas Corp.

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Before HENRY, Chief Circuit Judge, BRISCOE, and HARTZ, Circuit Judges.

Phillip Hill sued Ricoh Americas Corporation in the United States District Court for the District of Kansas, alleging that he was terminated from his position at Ricoh in violation of the Sarbanes-Oxley Act (SOX), see 18 U.S.C. § 1514A, and Kansas common law prohibiting retaliatory discharge.*fn1 Five months after suit was filed, Ricoh moved to stay the case and compel arbitration under the arbitration clause in its employment agreement with Mr. Hill. The district court denied the motion on the ground that Ricoh’s delay in demanding arbitration after engaging in the judicial proceedings had constituted a waiver of its right to arbitrate. Ricoh appeals. We have jurisdiction under 9 U.S.C. § 16(a)(1) (permitting immediate appeal of denial of motions to compel arbitration and to stay proceedings pending arbitration). We reverse the district court’s order, and remand with instructions to grant Ricoh’s motion to compel arbitration.

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