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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June 2
Proposed budgets for DOL and NLRB show cuts on the horizon; Oregon law requiring LPAs in cannabis dispensaries struck down.
June 1
In today’s news and commentary, the Ninth Circuit upholds a preliminary injunction against the Trump Administration, a federal judge vacates parts of the EEOC’s pregnancy accommodation rules, and video game workers reach a tentative agreement with Microsoft. In a 2-1 decision issued on Friday, the Ninth Circuit upheld a preliminary injunction against the Trump Administration […]
May 30
Trump's tariffs temporarily reinstated after brief nationwide injunction; Louisiana Bill targets payroll deduction of union dues; Colorado Supreme Court to consider a self-defense exception to at-will employment
May 29
AFGE argues termination of collective bargaining agreement violates the union’s First Amendment rights; agricultural workers challenge card check laws; and the California Court of Appeal reaffirms San Francisco city workers’ right to strike.
May 28
A proposal to make the NLRB purely adjudicatory; a work stoppage among court-appointed lawyers in Massachusetts; portable benefits laws gain ground
May 27
a judge extends a pause on the Trump Administration’s mass-layoffs, the Fifth Circuit refuses to enforce an NLRB order, and the Texas Supreme court extends workplace discrimination suits to co-workers.