Earlier this month, in Smith v. Spizzirri, the U.S. Supreme Court held that Section 3 of the Federal Arbitration Act (FAA) requires district courts to stay a lawsuit pending arbitration when asked by a party to do so, and that district courts lack the inherent authority to instead dismiss such...
In Morgan v. Sundance, Inc., No. 21-328, 2022 WL 1611788 (U.S. May 23, 2022), the U.S. Supreme Court ruled that federal courts, in analyzing a claim that a party has waived the right to arbitrate a dispute under the Federal Arbitration Act (“FAA”), should not impose a requirement of prejudice....
A timely new article entitled “The state of the campaign to end mandatory arbitration of sexual misconduct claims in employment agreements” written by RPJ Partner Mark H. Moore was recently published by Thomson Reuters’ Westlaw Today. In this in-depth piece, Mark discusses the growing practice of employers of requiring arbitration...
In a rare, but limited, win for employees on the issue of arbitration of employment disputes, a unanimous Supreme Court today ruled in New Prime Inc. v. Oliveira that trucking company New Prime Inc. cannot compel arbitration under the Federal Arbitration Act (FAA) in a class action alleging failure to...
In an important employment and labor law decision, the U.S. Supreme Court ruled today that employment agreements waiving class action claims and requiring employees to arbitrate claims on an individual basis are enforceable. Justice Gorsuch, joined by Chief Justice Roberts and Justices Kennedy, Thomas and Alito, wrote for the majority...