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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May 7
DOL drops litigation of Biden-era overtime rule; EEOC sues NYT for discrimination against white male employee; New Jersey finalizes employee classification rule.
May 6
Trump Administration exempts foreign doctors from travel ban; job openings hold steady at 6.9 million; 30,000 healthcare workers prepare to strike across University of California hospitals.
May 5
SAG-AFTRA strikes tentative deal; DOL set to decide on Biden overtime rule; IATSE files unfair labor practice charges against the Kennedy Center
May 4
Trump signs order to expand retirement plan access; Eleventh Circuit upholds NLRB determination that security guard lieutenants can unionize; REI workers launch consumer boycott.
May 3
Florida further restricts public employee unions; Yale begins negotiations with postdoc union, and online tabletop game developers seek to unionize.
May 1
Workers and unions organize May Day; and Volkswagen challenges NLRB regional directors.