Articles and Blogs

On May 23, 2022, the U.S. Supreme Court issued a decision that significantly impacts a litigant’s right to compel arbitration and the circumstances that may result in a decision that a litigant has waived its right to compel arbitration. The Case In Morgan v. Sundance, Inc., an hourly employee at a fast food franchise... READ MORE

On July 18, 2019, the Centers for Medicare & Medicaid Services (“CMS”) published final regulations titled “Medicare and Medicaid Programs; Revision of Requirements for Long-Term Care Facilities: Arbitration Agreements” (“Final Regulations”) to Part 483 to Title 42 of the Code of Federal Regulations the Requirements for States and Long-Term Care Facilities. The Final Regulations... READ MORE

The Supreme Court of the United States announced a landmark ruling about arbitration clauses on April 24, 2019. In Lamps Plus, Inc. v. Varela, the high court held that an arbitration clause does not permit class arbitration without clearly and explicitly stating so. Chief Justice Roberts delivered the opinion of the Court, reasoning that... READ MORE

In Justice Kavanaugh’s first written opinion since he joined the Supreme Court, he addressed one of the most common disputes associated with arbitration agreements: who decides what issues should be arbitrated? In Henry Schein, et al. v Archer & White and Sales, Inc.,¹ the Supreme Court held that it is the arbitrator, not the court,... READ MORE

In a 5 to 4 opinion split down ideological lines, the Supreme Court ruled that class and collective action waivers contained in employment arbitration agreements do not violate the National Labor Relations Act (“NLRA”) and must be enforced. This is music to the ears of all employers, especially those that have been the target... READ MORE

On May 26, 2017, the U.S. Court of Appeals for the Sixth Circuit issued a decision (NLRB v AEI) holding that an employment agreement provision requiring arbitration of employment disputes, but prohibiting class action or other multiple-employee arbitrations, is unlawful. The court upheld a National Labor Relations Board order striking down the provision. Employees were... READ MORE