Symposium: For decades, court has built “an edifice of its own creation” in arbitration cases — it’s time to tear it down and rebuild

Symposium: For decades, court has built “an edifice of its own creation” in arbitration cases — it’s time to tear it down and rebuildDeepak Gupta is the founding principal of Gupta Wessler PLLC. He was counsel of record on an amicus brief for the American Association for Justice supporting the employees in Epic Systems Corp. v. Lewis. The Court has abandoned all pretense of ascertaining congressional intent with respect to the Federal Arbitration Act, building instead, case by […]

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Justice delayed or justice denied?

Justice delayed or justice denied?Williams v. Louisiana ended with both a bang and a whimper. Flagged as a “petition of the day” back in April, Williams’ petition sought to have the U.S. Supreme Court review the Louisiana courts’ decision to leave in place his conviction for first-degree murder. Williams claimed, among other things, that in obtaining his conviction, prosecutors […]

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Symposium: Majority gives short shrift to worker rights

Symposium: Majority gives short shrift to worker rightsKatherine V.W. Stone is Arjay and Frances Fearing Miller Distinguished Professor of Law at UCLA School of Law. She has written frequently about arbitration law, most recently in The Bold Ambition of Justice Scalia’s Arbitration Jurisprudence: Keeping Workers and Consumers Out of Court. She and other labor law professors joined an amicus brief in support […]

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Empirical SCOTUS: Retirement plan blues

Empirical SCOTUS: Retirement plan bluesIt is that time of year again. As we near the end of the Supreme Court term, we are experiencing another round of prognostications on whether Justice Anthony Kennedy will retire, leaving another vacancy for President Donald Trump to fill. (Last year’s take on the possibility of Kennedy’s retirement can be found here.) About this time […]

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Symposium: Justice Ginsburg’s anachronistic dissent in Epic Systems runs afoul of the Rules Enabling Act

Symposium: Justice Ginsburg’s anachronistic dissent in <em>Epic Systems</em> runs afoul of the Rules Enabling ActRichard Samp is chief counsel of the Washington Legal Foundation, which filed an amicus brief in support of the employers in Epic Systems Corp. v. Lewis. The majority and dissenting opinions in Epic Systems Corp. v. Lewis adopted starkly competing visions of two federal statutes, both nearly a century old. The majority held that the […]

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Justice Kagan and Paul Clement share SG stories at American Law Institute annual meeting

Justice Kagan and Paul Clement share SG stories at American Law Institute annual meetingOn Monday morning Justice Elena Kagan joined Justice Ruth Bader Ginsburg’s dissent from the Supreme Court’s majority opinion in Epic Systems Corp. v. Lewis, which held that arbitration clauses in employment contracts that require employees to forgo class and collective actions are enforceable. On Monday evening Kagan spoke at the American Law Institute’s 95th annual […]

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Symposium: Good news for employers and workers, bad news for lawyers

Symposium: Good news for employers and workers, bad news for lawyersArchis Parasharami is a partner and Dan Jones is an associate at Mayer Brown. Parasharami contributed to an amicus brief for the Chamber of Commerce in support of the employers in Epic Systems Corp. v. Lewis. One year after the Supreme Court’s decision in AT&T Mobility LLC v. Concepcion, the National Labor Relations Board advanced […]

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Symposium: Latest assault against workers by the Supreme Court

Symposium: Latest assault against workers by the Supreme CourtNicole G. Berner is general counsel and Claire Prestel is associate general counsel of the Service Employees International Union. SEIU joined an amicus brief in support of the employees in Epic Systems Corp. v. Lewis. In recent years it has become increasingly common to hear chatter — even among progressives – that labor unions and […]

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Symposium: The Federal Arbitration Act and the National Labor Relations Act are two ships that pass in the night

Symposium: The Federal Arbitration Act and the National Labor Relations Act are two ships that pass in the nightBen Robbins is senior staff attorney for the New England Legal Foundation.  He filed an amicus brief for NELF in support of the employers in the consolidated cases in Epic Systems Corp. v. Lewis. Although the Supreme Court’s decision today in Epic Systems Corp. v. Lewis was a close one (5-4), the result was not […]

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Justice Ginsburg receives Friendly Medal from American Law Institute

Justice Ginsburg receives Friendly Medal from American Law InstituteThis afternoon Justice Ruth Bader Ginsburg received the Henry J. Friendly Medal from the American Law Institute. The medal “recognizes contributions to the law in the tradition of Judge Friendly,” whom Chief Justice John Roberts today called “the greatest American judge never to serve on the Supreme Court.” Roberts undertook “the happy assignment” of presenting […]

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