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Supreme Court Limits California’s PAGA Law on Employment Claims, Preempting It in Part under the Federal Arbitration Act

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By Arjan Bir Singh Sodhi & Russ Bleemer The U.S. Supreme Court ruled this morning that employers may require their workers to arbitrate employment disputes under California’s Private Attorneys General Act, a 2003 law that allows Californians to file suit on behalf of the state for employment-law violations.   The Federal Arbitration Act, the Court found … Continue reading Supreme Court Limits California’s PAGA Law on Employment Claims, Preempting It in Part under the Federal Arbitration Act

More on Section 1782: Why the U.S. Supreme Court Says the Law Doesn’t Permit Discovery Requests from International Arbitrations

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By Tamia Sutherland & Russ Bleemer Here is a deeper dive into today’s U.S. Supreme Court consolidated decision in ZF Automotive US Inc. v. Luxshare Ltd., No. 21-401, which was consolidated with and covers AlixPartners LLP v. Fund for Protection of Investor Rights in Foreign States, No. 21-518. Does the new decision, which restricts discovery under a … Continue reading More on Section 1782: Why the U.S. Supreme Court Says the Law Doesn’t Permit Discovery Requests from International Arbitrations

Supreme Court Bars Discovery Assistance for Private Overseas Arbitration Panels Under U.S. Law

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By Tamia Sutherland & Russ Bleemer The U.S. Supreme Court this morning restricted the use of 28 U.S.C. § 1782 for discovery in international proceedings to “[o]nly a governmental or intergovernmental adjudicative” body, but not cross-border arbitration matters. The unanimous 9-0 decision in consolidated cases by Justice Amy Coney Barrett—her first arbitration opinion as a member … Continue reading Supreme Court Bars Discovery Assistance for Private Overseas Arbitration Panels Under U.S. Law

Supreme Court Backs Airport Worker, Applies Federal Arbitration Act Sec. 1 Exemption, and Sends Employment Dispute to Court

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By Russ Bleemer and R. Daniel Knaap The U.S. Supreme Court affirmed unanimously a Seventh U.S. Circuit Court of Appeals decision that a worker who loads or unloads goods from vehicles that engage in interstate commerce, but does not physically transport goods, is exempt from the Federal Arbitration Act as a “worker engaged in foreign … Continue reading Supreme Court Backs Airport Worker, Applies Federal Arbitration Act Sec. 1 Exemption, and Sends Employment Dispute to Court

Supreme Court Won’t Hear Rates-Review Arbitration Request, Sending Customer Dispute to Court

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By Russ Bleemer The U.S. Supreme Court this morning declined to hear a case on whether the nearly century-old Federal Arbitration Act preempts state law—this time, a clash with Tennessee common law on contracts. The FAA has shown a lot of muscle in the U.S. Supreme Court over its history, and it’s rarely displaced.  Petitioners … Continue reading Supreme Court Won’t Hear Rates-Review Arbitration Request, Sending Customer Dispute to Court

Supreme Court Rejects Prejudice Requirement for Defeating a Motion to Compel Arbitration

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By R. Daniel Knaap & Russ Bleemer The U.S. Supreme Court backed a Taco Bell worker resisting her employer’s motion to compel arbitration this morning when it ruled, in a unanimous opinion by Justice Elena Kagan, that a party need not show it was prejudiced by the moving party’s actions. The decision vacated an Eighth … Continue reading Supreme Court Rejects Prejudice Requirement for Defeating a Motion to Compel Arbitration

Supreme Court Rejects Federal FAA Jurisdiction for Arbitration Award Enforcement and Challenges

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By Russ Bleemer & Andrew Ling The Supreme Court embraced a narrow construction of subject-matter jurisdiction in arbitration matters today, reversing a Fifth U.S. Circuit Court of Appeals decision that a federal trial court had jurisdiction under Sections 9 and 10 of the Federal Arbitration Act to confirm and overturn arbitration awards. Badgerow v. Walters, … Continue reading Supreme Court Rejects Federal FAA Jurisdiction for Arbitration Award Enforcement and Challenges

Adding a Claim, and Avoiding Arbitration:  The Supreme Court Reviews California’s Private Attorneys General Act

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By Russ Bleemer The U.S. Supreme Court Wednesday examined California’s law allowing individuals to stand in for the state and file suits on behalf of coworkers against their employers even when they have arbitration obligations in the employment contracts. California’s Private Attorneys General Act unquestionably has affected individualized arbitration processes under the Federal Arbitration Act, … Continue reading Adding a Claim, and Avoiding Arbitration:  The Supreme Court Reviews California’s Private Attorneys General Act

The Fight over Arbitration and Class-Action Access Returns to the Supreme Court Tomorrow on California’s PAGA Law

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By Russ Bleemer Wednesday’s U.S. Supreme Court oral argument in Viking River Cruises v. Moriana, No. 20-1573, will sort the relationship between the Federal Arbitration Act and California’s Private Attorneys General Act. The case concludes a Supreme Court run of five arbitration cases in four oral arguments over nine days. The Court tomorrow will likely … Continue reading The Fight over Arbitration and Class-Action Access Returns to the Supreme Court Tomorrow on California’s PAGA Law

Looking for Definitions, the Supreme Court Weighs the Limits of the Federal Arbitration Act’s Sec. 1 Exemption

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By Russ Bleemer Today’s Federal Arbitration Act oral argument in the U.S. Supreme Court gives the justices the opportunity to refine the meaning of the first section of the nearly century-old law designed to discourage bias against arbitration. They struggled with that task in trying to set the limits of the types of workers who … Continue reading Looking for Definitions, the Supreme Court Weighs the Limits of the Federal Arbitration Act’s Sec. 1 Exemption