This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit regarding an employment discrimination case brought by Lorenzo Coats against Duke University and others. The court affirmed the district court's order denying Coats' motion to vacate an arbitration award, confirming the arbitration, and dismissing Coats' discrimination claims with prejudice. Specifically, the court found that Coats' unsupported allegations of discrimination in Duke's arbitration policy were insufficient. The court also found that statutory claims can be subject to arbitration, and that Coats admitted to being employed by Duke and receiving benefits, so he was subject to the university's arbitration agreement.
Charles E. Tyler, Jr. v. Wesley C. McClure Eddie Moore, JR., President, Virginia State University Clarence Muse Thomas Hall, 52 F.3d 322, 4th Cir. (1995)
United States v. Keith Long, A/K/A Keith Jackson, A/K/A Kenny Jones, A/K/A Miguel Garcia, A/K/A Marcus Elbert Holmes, A/K/A Little C, 52 F.3d 322, 4th Cir. (1995)
This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit regarding an employment discrimination case brought by Lorenzo Coats against Duke University and others. The court affirmed the district court's order denying Coats' motion to vacate an arbitration award, confirming the arbitration, and dismissing Coats' discrimination claims with prejudice. Specifically, the court found that Coats' unsupported allegations of discrimination in Duke's arbitration policy were insufficient. The court also found that statutory claims can be subject to arbitration, and that Coats admitted to being employed by Duke and receiving benefits, so he was subject to the university's arbitration agreement.
This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit regarding an employment discrimination case brought by Lorenzo Coats against Duke University and others. The court affirmed the district court's order denying Coats' motion to vacate an arbitration award, confirming the arbitration, and dismissing Coats' discrimination claims with prejudice. Specifically, the court found that Coats' unsupported allegations of discrimination in Duke's arbitration policy were insufficient. The court also found that statutory claims can be subject to arbitration, and that Coats admitted to being employed by Duke and receiving benefits, so he was subject to the university's arbitration agreement.
This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit regarding an employment discrimination case brought by Lorenzo Coats against Duke University and others. The court affirmed the district court's order denying Coats' motion to vacate an arbitration award, confirming the arbitration, and dismissing Coats' discrimination claims with prejudice. Specifically, the court found that Coats' unsupported allegations of discrimination in Duke's arbitration policy were insufficient. The court also found that statutory claims can be subject to arbitration, and that Coats admitted to being employed by Duke and receiving benefits, so he was subject to the university's arbitration agreement.
FOR THE FOURTH CIRCUIT LORENZO W. COATS, Plaintiff-Appellant, v. No. 97-1534 DANIEL P. KIEHART; MICHAEL P. SHEETZ; DUKE UNIVERSITY, INCORPORATED; ROBERT WINFREE, Defendants-Appellees. Appeal from the United States District Court for the Middle District of North Carolina, at Durham. James A. Beaty, Jr., District Judge. (CA-94-292, CA-94-293, CA-94-294, CA-94-295) Submitted: May 28, 1998 Decided: July 31, 1998 Before ERVIN, LUTTIG, and MOTZ, Circuit Judges. _________________________________________________________________ Affirmed by unpublished per curiam opinion. _________________________________________________________________ COUNSEL Lorenzo W. Coats, Appellant Pro Se. John Morgan Simpson, Joseph Walker, FULBRIGHT & JAWORSKI, Washington, D.C., for Appellees. _________________________________________________________________
Unpublished opinions are not binding precedent in this circuit. See
Local Rule 36(c). _________________________________________________________________ OPINION PER CURIAM: Lorenzo W. Coats appeals the district court's order denying his motion to vacate an arbitration award, granting Defendant's motion to confirm arbitration, and dismissing with prejudice his employment discrimination claims. We affirm the order of the district court. First, we find that Coats' unsupported allegations that Duke University's arbitration policy discriminates against blacks are insufficient to merit relief. See Simpson v. Welch, 900 F.2d 33, 35 (4th Cir. 1990). Further, to the extent that Coats avers that statutory claims are not arbitrable, he is mistaken. See Austin v. Owens-Brockway Glass Container, Inc., 78 F.3d 875, 885-86 (4th Cir.), cert. denied, 65 U.S.L.W. 3351 (U.S. Nov. 12, 1996) (No. 96-337). Next, we find unavailing Coats' claim that he was not an employee of Duke University and therefore was not subject to arbitration. The record reveals that Coats admitted to being employed by Duke and receiving employee benefits from Duke. Moreover, because Coats voluntarily availed himself of the arbitration procedure, he cannot now claim that there was no arbitration agreement. See Orion Pictures Corp. v. Writers Guild of Am., W., Inc., 946 F.2d 722, 725-26 (9th Cir. 1991). Finally, to the extent that Coats claims he was coerced into arbitrating his claims because he did not know that by registering for employee benefits he agreed to arbitration, his claim is without merit. See Stedor Enters., Ltd. v. Armtex, Inc., 947 F.2d 727, 733 (4th Cir. 1991); see also Gilmer v. Interstate/Johnson Lane Corp., 500 U.S. 20, 33 (1991). Accordingly, we affirm the district court's order. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process. AFFIRMED 2
Charles E. Tyler, Jr. v. Wesley C. McClure Eddie Moore, JR., President, Virginia State University Clarence Muse Thomas Hall, 52 F.3d 322, 4th Cir. (1995)
United States v. Keith Long, A/K/A Keith Jackson, A/K/A Kenny Jones, A/K/A Miguel Garcia, A/K/A Marcus Elbert Holmes, A/K/A Little C, 52 F.3d 322, 4th Cir. (1995)