D.C. CIRCUIT: COURT HOLDS A DISMISSAL FOLLOWING DETERMINATION THAT CLAIMS ARE SUBJECT TO ENFORCEABLE ARBITRATION AGREEMENT IS A "JUDGMENT ON THE MERITS" FOR RES JUDICATA PURPOSES - Journal of American Arbitration (JAA) - Vol. 6, No. 2
From June 6, 2001 until February 8, 2003, Plaintiff Reverend Earnest Lee Hobley was employed as a manager at the fast food chain Kentucky Fried Chicken (“KFC”). Hobley v. KFC U.S. Props., Inc., 2006 WL249981, at *1 (D.D.C. Jan. 31, 2006). Hobley resigned in 2003, after learning that he was going to be demoted from his position as assistant unit manager. Id. Soon thereafter, KFC filed a criminal complaint against Hobley upon discovering that funds were missing from the store in which he worked. Id. The District of Columbia police department investigated the complaint and charged Hobley with first-degree theft. After Hobley was ultimately acquitted of the theft charges, Hobley, proceeding pro se, filed the following two civil actions against KFC in superior court for wage and hour violations concerning Hobley’s final paycheck and for false accusation concerning Hobley’s arrest on charges of theft. Id.