Civil Litigation
Nov. 24, 2017
Close vote expected as high court considers arbitration
Close vote expected as U.S. Supreme Court considers whether to force arbitration
Rex S. Heinke of Akin Gump Strauss Hauer & Feld LLP, who has argued arbitration cases twice at federal appellate courts, predicted that Justice Anthony Kennedy will be the swing vote in a suit before the U.S. Supreme Court.
The stakes were high and the questions pointed when U.S. Supreme Court justices in October considered whether bosses could continue to force workers to forego their class action rights and take employment beefs to individual arbitration.
Take-it-or-leave-it employment contracts featuring class action waivers have become common. But workers are pushing back, citing the National Labor Relations Act to promote their claim that such waivers are invalid and they may band together to con...
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