Karl Bayer's Disputing Blog

SCOTUS to Resolve Circuit Split Over Transportation Worker Exemption in the FAA

By Beth Graham - October 2, 2023

Today marks the start of the United States Supreme Court’s new term. During the term, the nation’s highest court will resolve a circuit court split regarding whether Section 1 of the Federal Arbitration Act’s exemption for “any other class of workers engaged in foreign or interstate commerce,” applies to transportation workers who perform work for companies that operate outside of the transportation industry.

SCOTUS to Consider Whether Arbitration Waiver Defense Prejudice Requirement Violates AT&T Mobility v. Concepcion Holding

By Beth Graham - December 13, 2021

The Supreme Court of the United States has agreed to consider whether asking a party to an arbitration agreement to demonstrate prejudice when claiming a waiver defense violates the requirement established 10 years ago in AT&T v. Concepcion, which stated courts must “place arbitration agreements on an equal footing with other contracts."

SCOTUS to Consider FAA Subject-Matter Jurisdiction Case

By Beth Graham - May 20, 2021

The Supreme Court of the United States has agreed to resolve a circuit split regarding whether a federal court has subject-matter jurisdiction to confirm or vacate an arbitration award under the Federal Arbitration Act (“FAA”) in situations where the court only has jurisdiction because the underlying dispute involves a federal question.

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 to Consider Delegation of “Wholly Groundless” Arbitrability Claims

By Beth Graham - June 28, 2018

The Supreme Court of the United States has granted certiorari in another arbitration case.

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.

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 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.

SCOTUS to Consider Constitutionality of Inter Partes Review of Patents

By Beth Graham - June 19, 2017

Last week, the United States Supreme Court granted certiorari in a potentially significant patent case regarding whether the adversarial process currently used by the United States Patent and Trademark Office to analyze the validity of and cancel existing patents is constitutional.