Karl Bayer's Disputing Blog » 2017

NLRB Files Responsive Brief in Murphy Oil Case

By Beth Graham - August 16, 2017

In October, the United States Supreme Court will hear oral argument in the consolidated cases of National Labor Relations Board v. Murphy Oil USA, No. 16-307 (5th Cir., October 26, 2015), Epic Systems Corp. v. Lewis, No. 16-285 (7th Cir., May 26, 2016), and Ernst & Young LLP v. Morris, No. 16-300 (9th Cir., August 22, 2016).

Comparing the Effects of Judges’ Gender and Arbitrators’ Gender in Sex Discrimination Cases and Why It Matters

By Beth Graham - August 15, 2017

Pat K. Chew, Judge J. Quint Salmon & Anne Salmon Chaired Professor at the University of Pittsburgh School of Law, has published an interesting article titled “Comparing the Effects of Judges' Gender and Arbitrators' Gender in Sex Discrimination Cases and Why It Matters,” Ohio State Journal on Dispute Resolution, Vol. 32, p. 195, 2017; University of Pittsburgh Legal Studies Research Paper No. 2017-21.

5th Circuit Upholds Class Waiver Without an Arbitration Agreement

By Beth Graham - August 14, 2017

In a 2-1 decision, the United States Court of Appeals for the Fifth Circuit has overturned a National Labor Relations Board (“NLRB”) ruling stating an employer may not require job applicants to sign a class-action waiver that is not included in an arbitration agreement because such a requirement violates the National Labor Relations Act (“NLRA”).

Misclassification in the Sharing Economy: It’s the Arbitration Agreements

By Beth Graham - August 8, 2017

Elizabeth Chika Tippett, Assistant Professor and Conflict & Dispute Resolution Program Faculty Co-Director at the University of Oregon School of Law, and Bridget Schaaff, University of Oregon School of Law, have published “Misclassification in the Sharing Economy: It's the Arbitration Agreements,” Rutgers Law Review, Forthcoming.

SCOTUS to Hear Oral Argument in Murphy Oil on October 2nd

By Beth Graham - August 7, 2017

On the first day of its new term, the United States Supreme Court will hear oral argument regarding whether class-action waivers included in an employer’s arbitration agreement are lawful under the National Labor Relations Act.