Tala Doumani is a student at Harvard Law School.
Yesterday, the United States Supreme Court granted certiorari to resolve a circuit court split regarding whether a showing of prejudice is a prerequisite to find waiver of an arbitration agreement in Morgan v. Sundance, Inc. While agreements to submit disputes to arbitration are abundant in this day and age, courts are split over the requirements for validly waiving a parties right to arbitrate. Some lower courts have held that the standard for arbitration waiver agreements mirrors other contracts. In such a case, validly waiving your right to arbitrate would only require the intentional relinquishment of a known right. The majority of lower courts, however, have set a higher standard for arbitration waivers. These courts have held that the relinquishment of the arbitration right must cause prejudice before constituting a waiver. Should the Supreme Court side with the majority view, the Court would be endorsing the view that arbitration agreements are above other contracts by making it harder to waive agreements to arbitrate.
The Court is set to hear arguments on March 21, 2022.
Daily News & Commentary
Start your day with our roundup of the latest labor developments. See all
November 6
Transport Workers Union denounces Amtrak’s new policy permitting passengers to carry guns onboard; Texas Democrat wins offer hope for labor in the state.
November 5
ALJ finds cannabis workers fired for union activity; NY warehouse workers’ overtime claims advance; MLB and MLBPA continue clash over proposed salary cap.
November 4
Ninth Circuit revives cannabis retailer’s labor-law challenge and blocks California captive-audience law; NLRB names new solicitor.
November 3
Trump administration prepares to roll back PWFA regulations; AI whistleblower wins in federal court; voter enthusiasm among union members soars
November 2
DOL's domestic worker wage rules partially invalidated; Trump Administration restrained from threatening to prosecute election officials; USCIS forced to reinstate minimum notice period for unaccompanied children's asylum interviews.
November 1
Dockworkers strike to protest arms shipments; Weil closes its doors.