Justices Signal Win for Ex-Halliburton Worker Bid to Reopen Suit

The US Supreme Court signaled that it will rule for a former Halliburton employee seeking to revive his age discrimination complaint against the energy giant.

The question for the justices during arguments on Tuesday was whether a voluntary dismissal is a final proceeding that allows a court to reopen a case under the Federal Rules of Civil Procedure. The rule in question allows a court to relieve a party from a “final judgment, order, or proceeding” in certain circumstances.

In 2020, Gary Waetzig filed an age discrimination suit against Halliburton Energy Services, Inc. Later, he voluntarily dismissed the case so the parties could enter arbitration. After the arbitrator ruled against Waetzig, he sought to reopen his suit and vacate the arbitration award.

The US Court of Appeals for the Tenth Circuit ruled that a voluntary dismissal isn’t a final action and that the trial court had no authority to reopen Waetzig’s case. Federal appellate courts have split on the issue.

Waetzig attorney Vincent Levy, of Holwell Shuster & Goldberg LLP, said the text and circumstances surrounding the adoption of Rule 60(b) is clear that it was intended to be read as broadly as possible.

The word “final” wasn’t intended to show “legal finality” but instead “case ending” finality, said Justice Sonia Sotomayor.

Gibson, Dunn’s Matthew McGill, who argued for Halliburton, said the district court didn’t have the authority to vacate the arbitration award.

Justice Elena Kagan agreed, saying that Waetzig might have a “tough road to hoe” on that question. But that’s a question for another day, she said.

The case is Waetzig v. Halliburton Energy Services, Inc., U.S., No. 23-971, argued 1/14/25.