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U.S. Supreme Court
First Circuit Holds Intrastate Final Mile Transportation Workers Are Exempt from the FAA
By Beth Graham - July 23, 2020
The United States Court of Appeals for the First Circuit has ruled final mile drivers who operate solely intrastate in order to deliver goods that were shipped via interstate commerce are exempt from the Federal Arbitration Act.
Non-signatories Can Now Enforce International Commercial Arbitration Agreements on Equitable Estoppel Grounds
By Beth Graham - July 6, 2020
University of Alberta Faculty of Law Assistant Professor Tamar Meshel has published “GE Energy v. Outokumpu: Non-signatories Can Now Enforce International Commercial Arbitration Agreements on Equitable Estoppel Grounds,” Harvard Business Law Review Online, Forthcoming.
SCOTUS Will Yet Again Decide Delegation of Arbitrability Question in Henry Schein Case
By Beth Graham - June 24, 2020
The Supreme Court of the United States has once again agreed to resolve a circuit split regarding whether it is up to a court or an arbitrator to decide questions related to arbitrability in the ongoing saga of Henry Schein, Inc. v. Archer and White Sales, Inc.
SCOTUS to Consider Whether Non-Signatory May Compel Arbitration Under New York Convention
By Beth Graham - July 11, 2019
The Supreme Court of the United States has agreed to resolve a circuit split regarding whether a non-signatory to an agreement to arbitrate may compel arbitration under the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the “New York Convention”) based on the doctrine of equitable estoppel.
SCOTUS Holds Class Arbitration Must be Explicitly Provided for in Agreement
By Beth Graham - April 25, 2019
Yesterday, the Supreme Court of the United States issued a decision holding class arbitration is not permitted in situations where an agreement to arbitrate is silent on the issue.
Employee Voice in Arbitration
By Beth Graham - April 19, 2019
Ann C. Hodges, Professor of Law Emerita at the University of Richmond School of Law, has published “Employee Voice in Arbitration,” Employee Rights and Employment Policy Journal, Vol. 22, No. 2, 2018.
Infinite Arbitration Clauses
By Beth Graham - March 22, 2019
University of California, Davis School of Law Professor David Horton has published “Infinite Arbitration Clauses,” University of Pennsylvania Law Review, Vol. 168 (Forthcoming).
The Impact of Epic Systems in the Labor and Employment Context
By Beth Graham - March 7, 2019
Lise Gelernter, Teaching Faculty at SUNY Buffalo Law School, has published a comment titled, “The Impact of Epic Systems in the Labor and Employment Context,” 2019 Journal of Dispute Resolution 115; University at Buffalo School of Law Legal Studies Research Paper No. 2018-014.
Henry Schein and the Patent Eligibility Statute
By Beth Graham - February 25, 2019
In January, Sherry Knowles and Anthony Prosser published an intriguing law review article titled “Unconstitutional Application of 35 U.S.C. § 101 by the U.S. Supreme Court,” 18 J. MARSHALL REV. INTELL. PROP. L. 144 (2018).
SCOTUS Holds FAA’s Transportation Worker Exception Applies to Independent Contractors
By Beth Graham - January 18, 2019
The Supreme Court of the United States has issued an opinion stating a court must decide whether one of the exemptions included in Section 1 of the Federal Arbitration Act (“FAA”) applies to a case prior to ordering the dispute to arbitration even if a valid delegation clause exists.
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