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U.S. Supreme Court
SCOTUS Grants Certiorari in Yet Another Class Arbitration Dispute
By Beth Graham - May 4, 2018
The Supreme Court of the United States has granted certiorari in yet another class arbitration dispute in the labor context.
SCOTUS Agrees to Consider Arbitrability of Independent Contractor Agreements
By Beth Graham - March 12, 2018
The United States Supreme Court has granted certiorari in a case involving the arbitrability of independent contractor agreements.
SCOTUS Declines to Hear Arbitration Dispute Over Texas Wind Energy Contract
By Beth Graham - February 6, 2018
The Supreme Court of the United States has declined to consider a Fifth Circuit Court of Appeals panel’s decision stating the Western District of Texas should not have compelled arbitration in a wind energy dispute because the parties’ case was not ripe for arbitration.
SCOTUS Declines to Review $455 Million International Arbitration Award in Biotech Patent Dispute
By Beth Graham - December 27, 2017
The United States Supreme Court has declined to consider whether an international arbitration tribunal’s award in a breach of contract and patent infringement lawsuit should be overturned.
SCOTUS to Hear Oral Argument Over Constitutionality of Inter Partes Review of Patents on Monday
By Beth Graham - November 22, 2017
On Monday, the United States Supreme Court will hear oral argument in Oil States Energy Services, LLC v. Greene’s Energy Group, LLC, et al., No. 16-712. In the case, the nation’s highest court will consider whether the controversial process that is currently used by the United States Patent and Trademark Office to analyze the validity of and cancel existing patents is constitutional.
Kentucky Supreme Court Revisits Nursing Home Arbitration Case Overturned by SCOTUS
By Beth Graham - November 20, 2017
In May, the United States Supreme Court overturned the Supreme Court of Kentucky’s decision in Kindred Nursing Centers Limited Partnership v. Clark, No. 16-32, (May 15, 2017).
The Bold Ambition of Justice Scalia’s Arbitration Jurisprudence
By Beth Graham - October 26, 2017
Katherine V.W. Stone, Arjay and Frances Fearing Miller Distinguished Professor of Law at the University of California, Los Angeles (UCLA) - School of Law, has published “The Bold Ambition of Justice Scalia's Arbitration Jurisprudence: Keep Workers and Consumers Out of Court,” 21 Employee Rights and Employment Policy Journal 189 (2017); UCLA School of Law Public Law & Legal Theory Research Paper No. 17-41.
Class Action Waivers in Employment Contracts: The Clash between the National Labor Relations Act and the Federal Arbitration Act
By Beth Graham - October 11, 2017
Professor Linda S. Mullenix, Rita and Morris Atlas Chair in Advocacy at the University of Texas School of Law, has written “Class Action Waivers in Employment Contracts: The Clash between the National Labor Relations Act and the Federal Arbitration Act,” 1 Preview of United States Supreme Court Cases 13 (Oct. 2, 2017); U of Texas Law, Public Law Research Paper No. 577.
SCOTUS to Consider Murphy Oil, Epic Systems, and Ernst & Young Today
By Beth Graham - October 2, 2017
Today, the United States Supreme Court will hear oral argument regarding whether a collective action ban included in an employer’s arbitration agreement is lawful under the National Labor Relations Act.
SCOTUS Asked to Consider Order Denying Arbitration in Texas Ponzi Scheme Case
By Beth Graham - August 17, 2017
Last week, a group of former Ponzi scheme financial advisers asked the United States Supreme Court to overturn the Fifth Circuit’s decision affirming a lower court’s order denying their motion to compel arbitration.
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