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Supreme Court Rules FAA Requires Courts to Grant Stay Requests After Compelling Arbitration

On May 16, 2024, the Supreme Court of the United States held that when a federal district court determines that claims in a lawsuit are subject to arbitration and a party requests a stay, the Federal Arbitration Act (FAA)...more

Supreme Court Questions Whether FAA Allows Courts to Dismiss Lawsuits Sent to Arbitration

On April 22, 2024, the Supreme Court of the United States conducted oral arguments in a case addressing federal courts’ handling of lawsuits after claims are compelled to arbitration. The Supreme Court seemed skeptical that...more

Supreme Court to Hear Case on Whether Lawsuits are Stayed During Appeal of Denial of Motion to Compel Arbitration

On December 9, 2022, the Supreme Court of the United States granted a petition for certiorari in a case raising the question of whether a non-frivolous appeal to the denial of a motion to compel arbitration strips the...more

Supreme Court’s New Arbitration Ruling: Limits Federal Jurisdiction For Confirming or Challenging Arbitration Awards Under the FAA

On March 31, 2022, the Supreme Court of the United States issued a decision in Badgerow v. Walters, No 20-1143, addressing when federal courts have jurisdiction to rule on motions to confirm, modify, or vacate arbitration...more

Supreme Court Issues Pro-Employer Ruling on Class Action Waiver Issue

On May 21, 2018, the Supreme Court of the United States settled the contentious class action waiver issue that has riled courts for the past six years. In a 5-4 opinion, the Court upheld class action waivers in arbitration...more

Future of Class Action Waivers: The Supreme Court Hears Oral Argument

On October 2, 2017, the Supreme Court of the United States heard oral argument in three consolidated cases that will decide the future of class action waivers in the employment context. These cases—National Labor Relations...more

New Supreme Court Term to Kick Off With Argument in Class Action Waiver Cases

On July 19, 2017, the Supreme Court of the United States released the October 2017 term’s calendar for oral arguments, including the date it will hear oral argument in the three consolidated class action waiver cases that are...more

Class Action Waiver Update: Will a Switch in Time Persuade Nine?

It was no surprise when, on June 16, 2017, numerous business and employer groups (including several represented by Ogletree Deakins) filed over a dozen amicus briefs supporting the employers in the three class action waiver...more

Supreme Court Jumps Into Class Action Waiver Fight

On January 13, 2017, the Supreme Court agreed to take up the contentious class action waiver issue that has riled courts for the past four years. In January 2012, the National Labor Relations Board ruled in D.R. Horton,...more

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