Arbitration Practice After Epic Systems

By Russ Bleemer Today’s U.S. Supreme Court decision backs the use of employer-imposed bars on class-action processes. See Epic Systems Corp. v. Lewis, No. 16-285 (opinion in the consolidated cases is available at https://bit.ly/2rWzAE8).  The case is summarized on this CPR Speaks blog here: https://bit.ly/2KEuXFN,   with Justice Clarence Thomas’s concurrence summarized the blog at https://bit.ly/2wYEKEB, … Continue reading Arbitration Practice After Epic Systems

Amicus Preview: New Prime’s New Look at Mandatory Arbitration

By Sara Higgins For the second year in a row, the Supreme Court is kicking off its new term with a focus on arbitration. This year’s case, New Prime, Inc. v. Oliveira, No. 17-340—which will be argued tomorrow, the Court’s third day of arguments in the new term—focuses on whether the Federal Arbitration Act Sec. … Continue reading Amicus Preview: New Prime’s New Look at Mandatory Arbitration

The Dissent, and the Majority’s Push Back

By Russ Bleemer The divisive battle over class waivers associated with mandatory arbitration, settled today in the Supreme Court with strong backing for Federal Arbitration Act supremacy over the National Labor Relations Act, was almost destined for a closely divided Court. It’s unlikely any Court watchers were surprised by the majority’s 5-4 opinion in Epic … Continue reading The Dissent, and the Majority’s Push Back

Future Challenges Nixed? Thomas Writes That Public Policy is Not FAA Illegality

By Russ Bleemer There were two opinions in addition to the five-justice majority opinion this morning in Epic Systems Corp. v. Lewis, No. 16-285, covering three consolidated cases that declared that employers may require their employees to use mandatory individual arbitration to resolve workplace disputes, and waive their rights to class processes in either traditional … Continue reading Future Challenges Nixed? Thomas Writes That Public Policy is Not FAA Illegality

Supreme Court Backs Federal Arbitration Act’s Power to Require Mandatory Individual Arbitration

By Russ Bleemer The U.S. Supreme Court this morning has affirmed the ability of companies to use mandatory arbitration clauses in employment agreements that are accompanied by waivers of class processes in litigation and arbitration. In 5-4 decision by Associate Justice Neil Gorsuch, the Court held that the Federal Arbitration Act requires enforcement of employees’ … Continue reading Supreme Court Backs Federal Arbitration Act’s Power to Require Mandatory Individual Arbitration

Court Backs Award for Class Arbitration, Refusing to Wait for Supreme Court’s Decision

By Shravanthi Suresh-Silver A recent Wisconsin federal trial court decision backs confirmation of an arbitration award even though the defendant asked for it to be stayed until the class waivers-arbitration cases currently before the U.S. Supreme Court are decided. The arbitrator in the case had backed a class arbitration process on behalf of employees, who … Continue reading Court Backs Award for Class Arbitration, Refusing to Wait for Supreme Court’s Decision

The Class Waiver-Arbitration Argument: The Supreme Court Transcript

By Russ Bleemer There’s no indication, yet, that the newest U.S. Supreme Court Justice, Neil M. Gorsuch, will be the swing vote in the employment arbitration cases that kicked off the Court’s 2017-2018 term yesterday morning. The justice—who had been active in oral arguments after he was seated in April to fill the Court vacancy … Continue reading The Class Waiver-Arbitration Argument: The Supreme Court Transcript

Supreme Court Oral Argument on NLRB Class Actions vs. Arbitration Policy

By Mark Kantor The US Supreme Court heard oral argument this morning in the three consolidated cases involving the policy of the National Labor Relations Board (NLRB) prohibiting arbitration clauses in employment agreements that bar class actions (Epic Systems Corp. v. Lewis, Ernst & Young LLP v. Morris and National Labor Relations Board v. Murphy … Continue reading Supreme Court Oral Argument on NLRB Class Actions vs. Arbitration Policy

DOJ to NLRB: You’re On Your Own in the Supreme Court

CLASS WAIVER/MANDATORY ARBITRATION CASES By Nicholas Denny In the clearest illustration so far of the Trump Administration’s evolving hands-off policy toward mandatory arbitration clauses and class action waivers, the U.S. Solicitor General authorized the National Labor Relations Board (NLRB) last week to represent itself in one of three consolidated arbitration cases to be heard by … Continue reading DOJ to NLRB: You’re On Your Own in the Supreme Court