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3rd DCAApril 5, 2023Reversed⭐ Notable

City of Miami v. Fraternal Order of Police, Miami Lodge No. 20

Case No. 3D2021-2229

After a police officer litigated in circuit court and on appeal the propriety of a drug-test requirement imposed on his reinstatement, he filed a CBA grievance seeking arbitration of his resulting termination. The Third DCA reversed summary judgment in the union's favor, holding the officer waived arbitration by actively litigating the merits of the same issue and, alternatively, that collateral estoppel and the election-of-remedies provisions of the CBA and section 447.401, Florida Statutes, barred arbitration.

Key facts

  • Police officer litigated in circuit court and appealed the propriety of a drug-test requirement imposed as a condition of his reinstatement after termination.
  • After the appellate decision, the officer filed a collective bargaining agreement grievance seeking arbitration of his termination, and the union moved to compel arbitration.
  • +2 more key facts with a free trial

Why it matters

Useful authority for defeating a motion to compel arbitration where the opposing party first litigated the same merits issue in court, and for arguing that appellate resolution of an issue creates res… — full analysis with a trial

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