Employment & Labor Law
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Kotch v. Clear Channel Broadcasting, Inc.
17 Fla. L. Weekly Fed. D401a (S.D. Fla. March 8, 2004)
Plaintiff sought relief for alleged handicap and race discrimination pursuant to the Florida Civil Rights Act. Defendant asserted that the dispute was subject to compulsory arbitration pursuant to the Arbitration Agreement among the parties. Plaintiff argued the agreement was invalid because its fee-splitting provision would result in prohibitive costs. The court found that Plaintiff put forward no evidence that he was unable to pay any arbitration fees or that he was even likely to bear such fees. Absent such evidence, the agreement cannot be found invalid. Plaintiff's second argument is that the agreement is invalid because it allows the arbitrator to award statutory fees and costs at his discretion, which is in conflict with the mandatory provision of Chapter 760, Florida Statutes, that entitles prevailing parties to an award of attorney's fees. This argument was unavailing because the attorney's fee provision of the FCRA is discretionary, not mandatory. The court ordered the parties to arbitration.
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