Tag Archives: Supreme Court

The Vote is In, FAA Sections 9 And 10 Do Not Provide “Look-Through” Jurisdiction to Confirm or Modify Arbitral Awards

Photo of John LewisBy John Lewis on Posted in Arbitration
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 Arbitration Act (FAA) or its purposes would prevail. See our June 16 and Nov. 9, 2021 blog articles on the Badgerow case and the employment dispute that fueled it.  As it … Continue Reading

Spending Bill Would Place Class Action Waivers in Jeopardy

Photo of Greg MersolBy Greg Mersol on Posted in Arbitration Agreements, Collective Action, FLSA, Supreme Court
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 agreements were enforceable. Epic Systems Corp. v. Lewis, 138 S. Ct. 1612 (2018). We blogged about that decision here.  With the Supreme Court’s ruling, many employers either adopted such agreements … Continue Reading

What’s Ahead at the Supreme Court?

Photo of John LewisBy John Lewis on Posted in Supreme Court
There are at least four cases now before the U.S. Supreme Court that may be of significant interest to employers. Three were argued in October 2018, and certiorari was granted in the last case on Dec. 10. The Three Cases Already Argued The three cases argued all involve arbitration. The first, New Prime Inc. v. … Continue Reading

Southern District of New York Denies Certification of Nationwide Case Alleging Sex Discrimination

Photo of Greg MersolBy Greg Mersol on Posted in Discrimination
A claim is brought against a large employer contending that, although personnel decisions are made locally, it discriminates in pay and promotions on the basis of sex nationwide. Sound familiar? That was, essentially, the claim in Wal-Mart Stores, Inc. v. Dukes, 564 U.S. 338 (2011), that the Supreme Court held should not have been certified. … Continue Reading

Supreme Court Exemption Decision Could Have Broader Repercussions

Photo of David GrantBy David Grant on Posted in FLSA
Need FLSA exemptions be narrowly construed? On April 2, the United States Supreme Court issued its decision on the issue of whether the Fair Labor Standards Act’s (FLSA) exemption for those selling or servicing automobiles at car dealerships applied to service consultants. Encino Motorcars, LLC v. Navarro, Case No. 16-1362 (Apr. 2, 2018). Unless you … Continue Reading

Independent Contractor Trucker Class Action that Dodged FAA Arbitration Now Moves to the Supreme Court

Photo of John LewisBy John Lewis on Posted in Arbitration, Class Action Litigation
As we await the Supreme Court’s decision on the enforceability of class action waivers, the Court has accepted certiorari on another arbitration-related case, this one relating to the application of the Federal Arbitration Act (FAA) to the trucking industry. The U.S. Supreme Court on February 26 granted the certiorari petition of trucking company New Prime, … Continue Reading
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