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U.S. Supreme Court building in Washington, D.C. – Diego M. Radzinschi/ALM

Much has been written about why the U.S. Supreme Court’s recent  5-4 decision in Epic Systems Corp. v. Lewis, __ S. Ct. __, 2018 U.S. LEXIS 3086, was a victory for arbitration in yet another battle in the war between management and labor. Given the court’s recent pro-arbitration jurisprudence, the decision might be seen as inevitable—at least until Congress steps in to provide greater regulation of consumer or employee arbitrations as it did in Dodd-Frank for a limited number of financial transactions. We suggest a different take on the case, one that does not bode well for even-handed decision making by an aggressive Supreme Court conservative majority.

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