USA
- May 23 2022
In a much-anticipated opinion, the Supreme Court unanimously held this morning that a party claiming waiver of the right to arbitrate need not show…
USA
- April 6 2022
Our prior blog articles predicted that the outcome in Badgerow v. Walters, No. 20-1143, might turn on whether the plain text of the Federal…
USA
- November 19 2021
In two prior blogs, we have focused on a dispute over federal court jurisdiction to confirm or vacate an arbitration award under Section 9 and…
USA
- November 9 2021
One might expect that the plain text of a statutory provision would be in line with the overall goal of the law. But when that statute is the Federal…
USA
- October 20 2021
Years ago, employers argued unsuccessfully that plaintiffs should not be able to pursue so-called hybrid claims pursuing both Rule 23 opt-out classes…
USA
- October 8 2021
As we have said in the past, determining when a party waives its right to arbitrate is never easy and the nuanced standards vary among the circuits…
USA
- September 22 2021
For many years, state and federal courts in California have opposed arbitration and have manufactured frameworks under which they become…
USA
- September 10 2021
Only three years ago, the Supreme Court reversed the holdings of a large number of lower courts and held that class action waivers in arbitration…
USA
- August 20 2021
The United States District Court for the Western District of Wisconsin has refused to grant certification in a two-year-old dispute over uniforms for…
USA
- August 18 2021
Four years ago, in Bristol-Myers Squibb v. Superior Court, 137 S. Ct. 1773 (2017), the United States Supreme Court addressed an effort by plaintiffs…