DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
103310P.pdf 09/06/2011 Mack Green v. SuperShuttle International
U.S. Court of Appeals Case No: 10-3310
U.S. District Court for the District of Minnesota - Minneapolis
[PUBLISHED] [Bye, Author, with Wollman and Shepherd, Circuit Judges]
Civil case - Minnesota Fair Labor Standards Act. For the court's prior
opinion in the matter, see Green v. SuperShuttle Int'l, Inc., No. 10-1564
(8th Cir. May 26, 2010). District court did not err in compelling arbitration
as the arbitrator has the authority to decide jurisdictional issues, such as
plaintiff's claim that the Federal Aviation Act transportation worker
exemption applies in the case; Federal Aviation Act preempts Minnesota
state law governing class action waivers; district court abused its
discretion, however, by dismissing the action, rather than staying it
pending completion of arbitration. Judge Shepherd, concurring in part and
concurring in the result.