Articles and Blogs

Arbitration

Supreme Court Finds Circuit Split “Wholly Groundless”

[01/09/19]

Posted on January 9, 2019 in Health Law News

Published by: Hall Render

In Justice Kavanaugh’s first written opinion since he joined the Supreme Court, he addressed one of the most common disputes associated with arbitration agreements: who decides what issues should be arbitrated? In Henry Schein, et al. v Archer & White and Sales, Inc.,¹ the Supreme Court held that it is the arbitrator, not the court,... READ MORE

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SCOTUS Enforces Arbitration Agreements: Class and Collective Action Waivers

[05/24/18]

Posted on May 24, 2018 in HR Insights for Health Care

Published by: Hall Render

In a 5 to 4 opinion split down ideological lines, the Supreme Court ruled that class and collective action waivers contained in employment arbitration agreements do not violate the National Labor Relations Act (“NLRA”) and must be enforced. This is music to the ears of all employers, especially those that have been the target... READ MORE

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Sixth Circuit Agrees with NLRB that Employment Arbitration Clause Prohibiting Class Action Arbitrations Is Unenforceable

[06/02/17]

Posted on June 2, 2017 in Health Law News, HR Insights for Health Care

Published by: Hall Render

On May 26, 2017, the U.S. Court of Appeals for the Sixth Circuit issued a decision (NLRB v AEI) holding that an employment agreement provision requiring arbitration of employment disputes, but prohibiting class action or other multiple-employee arbitrations, is unlawful. The court upheld a National Labor Relations Board order striking down the provision. Employees were... READ MORE

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