By Marcia Coyle | May 25, 2018
There may be another way: "non-mutual offensive collateral estoppel." The concept is fairly established in the law, but it has not been used much. And judges and arbitrators have broad discretion whether to apply it in any given case.
By Dan Clark | May 23, 2018
“It's a significant victory for employers in that those that have arbitration agreements that contain class and collective action waivers are now able to enforce them without any question,” said one of the attorneys who argued for Epic Systems before the U.S. Supreme Court.
By Gabrielle Orum Hernández | May 23, 2018
Employment firm Ogletree Deakins launched an automation tool for revising arbitration agreements to include class-action waivers just one day after a controversial Supreme Court decision confirmed their legal viability.
By Marcia Coyle | Tony Mauro | May 21, 2018
"The policy may be debatable but the law is clear: Congress has instructed that arbitration agreements like those before us must be enforced as written," Justice Neil Gorsuch wrote for the majority. In dissent, Justice Ruth Bader Ginsburg called the decision "egregiously wrong."
By Tony Mauro | May 14, 2018
The justices in Murphy v. National Collegiate Athletic Association found the 1992 Professional and Amateur Sports Protection Act infringed on state sovereignty. The decision could transform sports and sports gambling from coast to coast.
By Scott Graham | May 11, 2018
Heninger Garrison Davis serves up a challenge to AIA proceedings that Justice Clarence Thomas refused to rule out.
By Erin Mulvaney | May 9, 2018
Short breaks of 20 minutes or less are "properly understood to be part of the compensable workday," the U.S. Justice Department tells the U.S. Supreme Court.
By Tony Mauro | April 17, 2018
“No live dispute remains between the parties over the issue with respect to which certiorari was granted,” the court stated in a three-page order.
By Erin Mulvaney | April 6, 2018
Nearly 65 percent of workplaces where the average wage is less than $13 an hour also require mandatory arbitration agreements for their employees, according to the Economic Policy Institute report. The U.S. Supreme Court this term is looking at these agreements in action that involves the NLRB and private companies.
By Tony Mauro | April 2, 2018
U.S. Solicitor General Noel Francisco told the high court about the new warrant in a brief that also urged the justices to declare as moot the case United States v. Microsoft. The justices heard argument in February.
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