Arbitration SocialSecurity ERISA Securities EmploymentDiscrimina JusticiabilityDoctri
Does claim preclusion bar an expatriate U.S. citizen from bringing discrimination claims under the extraterritorial provisions of Title VII and the ADEA?
QUESTIONS PRESENTED 1. Does claim preclusion bar an expatriate U.S. citizen from bringing discrimination claims under the extraterritorial provisions of Title VII of the Civil Rights Act and the ADEA in a United States district court based on a prior decision of a foreign administrative agency that has no ability to make any award of damages? 2. Where Congress has provided that the United States district courts shall have jurisdiction over a cause of action brought under Title VII of the Civil Rights Act, can a district court decline the exercise of that jurisdiction as a matter of discretion? 3. Does a Rule 60(b)(6) requirement that a motion be filed within a reasonable time commence at the time a case is originally dismissed on forum non conveniens or when the alternative forum proves to have been unavailable? 4. Under what circumstances and procedures can a Title VII or ADEA complaint dismissed on forum non conveniens return to the district court where the alternative forum ultimately proves unavailable?