Ex-Halliburton Worker Can Revive Age Bias Suit, Justices Say (1)

Halliburton Energy Services, Inc. will face an age discrimination suit by a former worker after the US Supreme Court revived his case.

In a unanimous ruling by Justice Samuel Alito on Wednesday, the court read Federal Rule of Civil Procedure 60(b) broadly to say that a voluntary dismissal counts as a final judgment so as to allow a court to reopen the case.

Gary Waetzig voluntarily dismissed his age-bias suit against Halliburton so the parties could go through arbitration. After losing, Waetzig sought to reopen his suit and vacate the arbitration award.

Federal appellate courts have split on whether judges have the authority to revive cases after a voluntary dismissal.

Calling Waetig’s decision to try to reopen his case rather than file a new one “procedurally creative,” Alito said the court’s “straightforward reading” of the term “final” allowed him to do so.

The case is Waetzig v. Halliburton Energy Services, Inc., U.S., No. 23-971.