Arbitration -- 2018

Ernst & Young, LLP v. Morris   (U.S. Supreme Court)

Permissibility of class-action waivers and mandatory arbitration provisions

The NAM filed two amicus briefs in the U.S. Supreme Court regarding the permissibility of class-action waivers and mandatory arbitration provisions in employment contracts. Class-action waiver and arbitration provisions are permissible under the Federal Arbitration Act (FAA), and arbitration encourages efficient employment practices by providing lower costs to the parties and faster results in a dispute, thus avoiding drawn-out and costly litigation. The NAM's briefs argued that arbitration provisions are valuable to employers and employees, that arbitration agreements are governed under the FAA and that courts should not defer to incorrect interpretations of the law. The Supreme Court upheld the enforceability of arbitration agreements that waive an employee’s right to participate in class action lawsuits against the employer.

Related Documents:
NAM amicus brief on the merits  (June 16, 2017)
NAM amicus brief supporting review  (October 3, 2016)


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