
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.
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September 21
USFS and California seek to improve firefighter safety, Massachusetts pay transparency law to take effect, and Trump adds new hurdles for H-1B visa applicants
September 19
LIRR strike averted; DOJ sues RI over student loan repayment program; University of California employees sue Trump for financial coercion
September 18
Senate Democrats introduce a bill to nullify Trump’s executive orders ending collective bargaining rights for federal employees; the Massachusetts Teachers Association faces backlash; and Loyola Marymount University claims a religious exemption and stops recognizing its faculty union.
September 17
A union argues the NLRB's quorum rule is unconstitutional; the California Building Trades back a state housing law; and Missouri proposes raising the bar for citizen ballot initiatives
September 16
In today’s news and commentary, the NLRB sues New York, a flight attendant sues United, and the Third Circuit considers the employment status of Uber drivers The NLRB sued New York to block a new law that would grant the state authority over private-sector labor disputes. As reported on recently by Finlay, the law, which […]
September 15
Unemployment claims rise; a federal court hands victory to government employees union; and employers fire workers over social media posts.