UPDATE: Supreme Court Won’t Hear Arbitration Waiver Cases Until October 2017 At The Earliest

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04/25/2017

Hi Visitor,

 

UPDATE: Supreme Court Won’t Hear Arbitration Waiver Cases Until October 2017 At The Earliest

 By: Gregory Blueford

As previously reported, the United States Supreme Court is set to review the legality of arbitration agreements that bar employees from pursuing class action lawsuits. However, the Supreme Court told lawyers involved in the three cases that the Court would not hear the cases until the 2017 court term, which begins in October. By October, the Court should have its full complement of judges, assuming that nominee Neil Gorsuch is ultimately confirmed by the Senate. This delay nearly guarantees that a final decision will be made within the next year. Observers were worried that a tie on the issue was inevitable with the current eight-member court and would continue the confusion regarding the enforceability of class action waivers.

COUNSEL TO MANAGEMENT:

As stated in our previous eblast, Judge Gorsuch has generally been employer-friendly in his previous decisions. Thus, while delaying the hearing may cause more confusion for the next year, Judge Gorsuch could be the potential tiebreaker in voting that class action waivers are indeed lawful. In the meantime, employers should review their arbitration agreements (especially agricultural and other seasonal employers who will begin their season soon) to ensure that they are effectively crafted for the upcoming year until the Supreme Court can weigh in and, hopefully, put this to bed once and for all. If you have questions regarding your arbitration agreement, please contact the experts at The Saqui Law Group.

 

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