LAW 2005 JWU Enforceability of Arbitration Agreements Discussion – Question Description
I’m working on a law writing question and need the explanation and answer to help me learn.
Address the liability questions raised by the following scenario. Provide sources to support legal assertions.
Rosie, a data analyst and software engineer, worked for Dellis, Inc. When she joined Dellis, she signed an employment contract. In that employment contract, among other provisions, was an arbitration clause, which read:
“any disputes arising out of this contract of employment are subject to arbitration in accordance with the rules of the American Arbitration Association.”
During her work for Dellis, Rosie created a software program that would better track Dellis’ clients. Rosie attempted to register for a patent to the program, claiming personal ownership in the rights to the software. Dellis learns Rosie is applying for patent protection and claims the program was created as a result of Rosie’s work for the company and therefore it belongs to the company.
Rosie files a lawsuit in Court. She is requesting that the Court enter a Declaratory Judgment–essentially an order that she is the rightful owner of the patent associated with the program.
Dellis immediately files a motion to dismiss Rosie’s lawsuit. Should the court hear Rosie’s lawsuit. Why or why not?
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