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Fuente: Caselaw Access Project, Harvard Law School Library Innovation Lab (static.case.law); United States Court of Appeals for the District of Columbia Circuit; 521 F.3d 421. Datos: https://static.case.law/f3d/521/cases/0421-01.json. Opinión judicial de EE.UU. sin restricciones conocidas de uso: CAP levantó las restricciones el 2024-03-01 (prensa); el espejo HF free-law declara cc0-1.0; NO c… Abrir la fuente
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Khan v. Parsons Global Services, Ltd., 521 F.3d 421 (United States Court of Appeals for the District of Columbia Circuit, 2008) Opinion for the Court by Circuit Judge ROGERS. ROGERS, Circuit Judge: This is the second appeal by Azhar Ali Khan and his wife, Asma Azhar- Khan, from a judgment on their claims against his employer and its agents (collectively “Parsons”) to recover for injuries sustained as a result of Parsons’ alleged mishandling of ransom demands by Mr. Khan’s kidnappers. In the first appeal, the court reversed the grant of summary judgment for Parsons, holding that the Khans’ recovery on their tort claims was not limited by Mr. Khan’s employment contract to workers’ compensation insurance. Khan v. Parsons Global Servs., Ltd., 428 F.3d 1079 (D.C.Cir.2005) (“Khan /”). In this appeal, the Khans contend that the district court erred in granting Parsons’ motion to compel arbitration, denying their discovery requests for lack of jurisdiction, and dismissing Mrs. Khan’s claim for intentional infliction of emotional distress. We hold that Parsons waived its right to enforce the arbitration clause in Mr. Khan’s employment contract. We further hold that the complaint stated a cause of action for Mrs. Khan’s claim of intentional infliction of emotional distress. Accordingly, we reverse. I. The events underlying the Khans’ complaint arose during Mr. Khan’s employment by Parsons in the Philippines. On one of his days off, when Parsons’ offices were closed, he was kidnaped…
Fuente: Caselaw Access Project, Harvard Law School Library Innovation Lab (static.case.law); United States Court of Appeals for the District of Columbia Circuit; 521 F.3d 421. Datos: https://static.case.law/f3d/521/cases/0421-01.json. Opinión judicial de EE.UU. sin restricciones conocidas de uso: CAP levantó las restricciones el 2024-03-01 (prensa); el espejo HF free-law declara cc0-1.0; NO c… Abrir la fuente
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Khan v. Parsons Global Services, Ltd., 521 F.3d 421 (United States Court of Appeals for the District of Columbia Circuit, 2008) Opinion for the Court by Circuit Judge ROGERS. ROGERS, Circuit Judge: This is the second appeal by Azhar Ali Khan and his wife, Asma Azhar- Khan, from a judgment on their claims against his employer and its agents (collectively “Parsons”) to recover for injuries sustained as a result of Parsons’ alleged mishandling of ransom demands by Mr. Khan’s kidnappers. In the first appeal, the court reversed the grant of summary judgment for Parsons, holding that the Khans’ recovery on their tort claims was not limited by Mr. Khan’s employment contract to workers’ compensation insurance. Khan v. Parsons Global Servs., Ltd., 428 F.3d 1079 (D.C.Cir.2005) (“Khan /”). In this appeal, the Khans contend that the district court erred in granting Parsons’ motion to compel arbitration, denying their discovery requests for lack of jurisdiction, and dismissing Mrs. Khan’s claim for intentional infliction of emotional distress. We hold that Parsons waived its right to enforce the arbitration clause in Mr. Khan’s employment contract. We further hold that the complaint stated a cause of action for Mrs. Khan’s claim of intentional infliction of emotional distress. Accordingly, we reverse. I. The events underlying the Khans’ complaint arose during Mr. Khan’s employment by Parsons in the Philippines. On one of his days off, when Parsons’ offices were closed, he was kidnaped…