Oral arguments for the appeal in James D. Freeman v. Pittsburgh Glass Works LLC, et al. (PGW) will begin Wednesday, January 16, 2013, a letter from clerk Marcia M. Waldron for the United States Court of Appeals in Philadelphia, Pa., recently confirmed.
Counsel for Freeman filed a reply brief in October outlining their appeal argument alleging the arbitrator who originally heard the case was biased in favor of PPG and PGW.
The appeal argument hinges on the "appearance of bias" under the legal standard of "evident partiality."
Appearance of bias warrants that all arbitrators disclose any "information that might raise an appearance of bias, or an actual conflict of interest," states counsel for Freeman in the brief. Appellant counsel further argues that the arbitrator did not disclose the full extent of her relationship with PPG, which created evidence of her partiality toward the corporation.
Counsel for Freeman appealed a 2010 decision in his age discrimination case against PGW. Freeman asked the court to reverse the decision in August. The former employee made the appeal after attempts to appeal the arbitrator's decision were denied in April 2012.
