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Arbitration Agreements › Prejudice

CDF Labor Law LLP

No Showing of Prejudice Required to Argue Waiver of Right to Arbitration

CDF Labor Law LLP on

Many California employers require their employees to sign agreements to submit any disputes arising out their employment to binding arbitration. If an employee files a lawsuit in court, the employer then has the option of...more

Proskauer - Minding Your Business

Supreme Court Rules on the Requirements for a Waiver of the Right to Arbitrate

Proskauer - Minding Your Business on

The United States Supreme Court recently resolved a circuit split regarding when a party has waived its contractual right to arbitrate by participating in litigation prior to seeking to arbitrate a dispute. In Morgan v....more

Miller Nash LLP

Use it or Lose it: SCOTUS Eases Arbitration Waiver Analysis in Most Circuits, States

Miller Nash LLP on

Many contracts these days, including employment contracts, have provisions requiring that disputes be arbitrated rather than filed in a court. Nevertheless, a party to such an agreement will often file a lawsuit in court, and...more

Smith Anderson

Does the Federal Arbitration Act Favor Arbitration?

Smith Anderson on

A recent decision of the United States Supreme Court addressed a circuit split regarding the propriety of arbitration-specific procedural rules. In support of adopting such rules, nine of the eleven federal circuits...more

Kohrman Jackson & Krantz LLP

Supreme Court Makes It Easier to Challenge Delayed Arbitration Request

Kohrman Jackson & Krantz LLP on

Resolving an issue over when a party has waived their right to arbitrate, the United States Supreme Court recently granted plaintiff’s a major victory, holding that litigants are no longer required to show prejudice when...more

Burr & Forman

SCOTUS: Waiver of Arbitration Does Not Require Prejudice

Burr & Forman on

A unanimous Supreme Court held May 23 that a party’s waiver of its arbitration right does not require showing prejudice to an opposing party, because the Federal Arbitration Act (“FAA”) prohibits arbitration-specific rules....more

Miller Canfield

Supreme Court Rejects Prejudice Requirement for Waiver of Arbitration Agreement

Miller Canfield on

In Morgan v. Sundance, Inc., decided May 23, a unanimous Supreme Court addressed the standard for determining whether a party has waived its right to arbitrate a controversy by first engaging in litigation. Overruling...more

Polsinelli

Supreme Court Discards the Prejudice Requirement for Waiving Delayed Arbitration

Polsinelli on

Earlier this week, the Supreme Court unanimously held in Morgan v. Sundance that litigants are no longer required to show prejudice when opposing a party’s delayed attempt to compel arbitration. Previously, an Eighth Circuit...more

K&L Gates LLP

U.S. Supreme Court Eliminates Prejudice Requirement for Waiver of Arbitration Agreements

K&L Gates LLP on

With the increasing use of arbitration clauses and agreements, courts have been required to address challenges to the enforceability of such contracts. One such situation is where one party to an arbitration agreement delays...more

Obermayer Rebmann Maxwell & Hippel LLP

Waiving Goodbye: Supreme Court Says Prejudice No Longer Required to Establish Employer Waived Right to Arbitrate Employee’s Claims

Obermayer Rebmann Maxwell & Hippel LLP on

Employers sometimes favor resolving disputes with their employees in arbitration as opposed to in front of a jury. Such a private tribunal may streamline discovery procedures, offer a quicker resolution, and, theoretically,...more

BakerHostetler

Supreme Court Holds Prejudice Not Required for Waiver of Right to Arbitrate - But Does Little Else

BakerHostetler on

In a much-anticipated opinion, the Supreme Court unanimously held that a party claiming waiver of the right to arbitrate need not show prejudice, in Morgan v. Sundance, Inc., Case No. 21-328 (May 23, 2022). While the holding...more

K&L Gates LLP

HUB Talks: Arbitration World: U.S. Supreme Court to Address Prejudice Requirements For Waiver of Arbitration Agreements

K&L Gates LLP on

In this episode, partners Jackie Celender and Lindsay Sampson Bishop, along with associate John Gavin, discuss the oral argument recently heard by the U.S. Supreme Court in Morgan v. Sundance dealing with the question of...more

NAM (National Arbitration and Mediation)

Party-Appointed Arbitrators On The Precipice

NAM (National Arbitration and Mediation) on

Concerns about bias and prejudice from multiple repeat appointments have plagued party-appointed arbitrators for years. This is true of international arbitration, commercial arbitration and, of course, insurance and...more

Carlton Fields

Intervenor-Defendant Obtains Stay of SDNY Action in Favor of Arbitration 14 Months After Complaint Filed

Carlton Fields on

The plaintiff and intervenor-defendant entered into a contract wherein they agreed to arbitrate claims arising out of the contract. Following a dispute, the plaintiff asserted that the intervenor-defendant had waived its...more

Patterson Belknap Webb & Tyler LLP

Arbitration Not Waived in Lawsuit Pending for Two Years

Patterson Belknap Webb & Tyler LLP on

Defendants in a lawsuit didn’t waive their right to arbitrate even after moving to dismiss and answering a complaint, a court held last week. Arbitration wasn’t waived because the defendants hadn’t filed affirmative defenses...more

Fisher Phillips

Glimmers of Hope? Pair of Recent PAGA Cases Provide Rare Procedural Victories for California Employers

Fisher Phillips on

If you’re a California employer, perhaps no single law strikes fear into your heart quite as much as the Labor Code Private Attorneys General Act of 2004 (PAGA). PAGA allows individual “aggrieved employees” to bring...more

Carlton Fields

Tenth Circuit Finds Concealment Of Arbitration Agreement To Constitute Waiver Of Right To Arbitrate

Carlton Fields on

The Tenth Circuit recently held that Cox Communications, Inc., (Cox) had waived its right to arbitration while defending a class action lawsuit brought on behalf of its cable subscribers. These subscribers sued the...more

Proskauer - California Employment Law

Right To Compel Arbitration Agreement Not Waived If Plaintiff Suffered No Prejudice From Delay

Proskauer - California Employment Law on

In a post last week, we noted a recent trend of federal courts strongly enforcing employment arbitration agreements under the Federal Arbitration Act (“FAA”)....more

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