May 22, 2024
The extent to which prejudice counts toward whether an employer waived its right to send a worker’s claims to arbitration is now playing out in state high courts, two years after the U.S. Supreme Court’s Sundance ruling on the issue. Here, Law360 explores how Sundance is playing out.
June 10, 2022
A fresh U.S. Supreme Court ruling on arbitration is already beginning to make an impact on pending litigation.
May 23, 2022
The U.S. Supreme Court’s Monday ruling that a party's right to compel arbitration after litigating doesn't depend on whether the delay prejudiced the other party is a change in the majority of federal circuits and could push employers to seek arbitration more quickly, attorneys said. Here, Law360 explores that and other takeaways from the ruling.
May 23, 2022
A party's right to try to send a case to arbitration after first litigating doesn't hinge on whether the delay prejudiced the other party, the U.S. Supreme Court ruled Monday, a decision that means workers don't have to show prejudice when fighting delayed arbitration bids.
March 21, 2022
The U.S. Supreme Court on Monday seemed skeptical of a Taco Bell franchisee's argument that it didn't forfeit its right to send an overtime case to arbitration by first litigating for months, as multiple justices questioned how a delay didn't amount to a waiver.
March 18, 2022
The Supreme Court will tackle a host of arbitration questions when it returns to the bench on Monday for its two-week March argument session, starting with whether circuit courts are giving arbitration clauses "preferential" treatment over other contractual terms and whether U.S. courts can order discovery for use in private commercial arbitration abroad.
March 14, 2022
The Federal Arbitration Act doesn't require showing whether a party's arbitration bid undermined a plaintiff's suit, a former Taco Bell franchisee employee told the U.S. Supreme Court, saying the Eighth Circuit shouldn't have forced her overtime claims into arbitration.
February 11, 2022
An affiliate of a restaurant trade group told the U.S. Supreme Court on Friday that imposing a strict timeline for arbitration bids would be impractical, asking the justices to keep the Eighth Circuit's decision that a Taco Bell franchisee didn't waive its right to arbitrate an overtime suit.
February 09, 2022
A legal organization urged the U.S. Supreme Court on Wednesday to rule that only prejudice to a party can stop another party from compelling arbitration, saying the Eighth Circuit correctly found that a Taco Bell franchisee didn't wait too long to ask to arbitrate a worker's overtime claims.
February 04, 2022
A Taco Bell franchisee urged the U.S. Supreme Court on Friday to keep an Eighth Circuit decision that found it didn't waive its right to arbitrate a wage and hour suit, arguing federal law doesn't dictate deadlines to compel arbitration.