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Supreme Court of the United States › Contract Terms › Appeals

The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary... more +
The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary with only a limited number of cases granted review each term.  The Court is comprised of one chief justice and eight associate justices, who are nominated by the President and confirmed by the Senate to hold lifetime positions. less -
Robinson Bradshaw

Say the Magic Word: Fourth Circuit Imposes High Standard for Showing that Federal Statute Precludes Enforcement of Agreement to...

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A recent Fourth Circuit decision extends the trend of cases refusing to use federal statutes to invalidate arbitration agreements waiving the right to bring class claims in federal court. The statute at issue in Espin v....more

Smart & Biggar

When patents expire but royalty payments don’t: contrasting U.S. and Canadian approaches to patent licensing

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How does the expiration of the patents in one jurisdiction impact global royalty payments? This question was addressed by the United States Court of Appeal’s Ninth Circuit in C.R. Bard Inc v Atrium Medical Corporation, Case...more

Bracewell LLP

A New Way to Pierce the Corporate Veil: Disgorging Profit From Corporate Affiliates

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The US Supreme Court has recently granted certiorari on the issue of whether a corporation can be held liable for the conduct of its affiliate without first satisfying the well-settled standards for piercing the corporate...more

Carlton Fields

Eighth Circuit: Plaintiff Waives Right to Compel Arbitration by Filing Complaint and Litigating Dispute in Court

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The Eighth Circuit Court of Appeals recently affirmed the denial of a motion to compel arbitration filed by the plaintiff in the matter. The court noted that arbitration “can be waived in a variety of circumstances, including...more

Proskauer - Law and the Workplace

SCOTUS Takes a Pass on “Gap Time” Dispute

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It’s two months into argument season at the Supreme Court, and we’re always keeping our fingers crossed that the justices will take up a wage and hour issue and clear up some ambiguities in the law or a circuit split. ...more

Jaburg Wilk

Putting the Shine on Schein, and What Does Vin Diesel Have to Say About Arbitrations?

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As Dominic Toretto says: “Ask any racer, any real racer, it doesn’t matter if you win by an inch or a mile, winning’s winning.” “Fast and Furious” is the tenth highest-grossing film series ever, with a combined gross of over...more

Payne & Fears

Key California Employment Law Cases: July 2020

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Our Lady of Guadalupe School v. Morrissey-Berru, 140 S. Ct. 2049 (2020) - Summary: The ministerial exception, grounded in First Amendment’s religion clauses, barred teachers’ employment discrimination claims where teachers...more

Eversheds Sutherland (US) LLP

Arbitration carve outs: Will the exception swallow the rule?

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In a closely watched case on the construction of arbitration clauses, the US Supreme Court granted certiorari to review Schein v. Archer & White Sales, Inc. on June 15, 2020. The Petitioner, Henry Schein, Inc., (Henry Schein)...more

Ballard Spahr LLP

Supreme Court Agrees to Decide Arbitration Issue (But Not the Expected One)

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On June 15, 2020, the U.S. Supreme Court granted certiorari in Henry Schein, Inc. v. Archer and White Sales, Inc. to decide a question that has divided the federal circuit courts and state supreme courts: “whether a provision...more

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides CITGO Asphalt Refining Co. v. Frescati Shipping Co., No. 18-565

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On March 30, 2020, the U.S. Supreme Court decided CITGO Asphalt Refining Co. v. Frescati Shipping Co., No. 18-565, construing a safe-berth clause in a widely used charter contract as a warranty of safety, and not simply a due...more

Hudson Cook, LLP

Keep the Light On: U.S. Supreme Court Holds that Clear Consent is Required for Classwide Arbitration in Lamps Plus, Inc. v. Varela

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We have good news from the U.S. Supreme Court for creditors who use arbitration agreements. On April 24, 2019, in Lamps Plus v. Varela, the Supreme Court held in a 5-4 decision that courts may no longer infer from an...more

Williams Mullen

Who Decides The Arbitrability of The Dispute – Part II

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In July 2018, our Construction Alert addressed the question of who decides the arbitrability of a dispute when your contract includes an arbitration clause. Is it a court or the arbitrator? How did the “wholly groundless”...more

Troutman Pepper Locke

Adopting AAA Rules to Govern Arbitration Proceedings May - or May Not - Allow U.S. Arbitrators to Decide Gateway Questions of...

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Can arbitrators determine what issues they have the power to decide? According to the U.S. Supreme Court, they can, provided there is “clear and unmistakable evidence” the parties intended to delegate threshold questions to...more

Butler Snow LLP

SCOTUS Finds “Wholly Groundless” Exception to Arbitrability Inconsistent with Federal Arbitration Act

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Arbitration clauses are commonplace in corporate transactions, including those in the product liability arena. Whether the agreement concerns the distribution of a product to a seller or the sale of a product to a consumer,...more

Foley & Lardner LLP

Another Win for Arbitration: Supreme Court Rejects “Wholly Groundless” Exception to Arbitrability

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In January 2019, the U.S. Supreme Court issued a decision confirming the broad power of arbitrators and the strict enforcement of arbitration agreements. In a unanimous decision authored by Justice Kavanaugh, the Court in...more

Foley & Lardner LLP

Supreme Court Gives Teeth to Delegation Clauses in Arbitration Provisions

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Taking the time to include a well-crafted arbitration agreement in your employment contracts sometimes feels like a moot point, but a recent unanimous U.S. Supreme Court opinion in Henry Schein, Inc. v. Archer & White Sales,...more

Carlton Fields

U.S. Supreme Court Holds Arbitrability Questions Not Subject to A “Wholly Groundless” Exception

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Archer & White Sales, Inc. (“Archer”) sued Henry Schein, Inc. (“Schein”) in federal court seeking both monetary and injunctive relief....more

Baker Donelson

A Win for Employers: Justice Kavanaugh and Supreme Court Issue Pro-Arbitration Opinion

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In his first opinion since being confirmed to the Supreme Court, Justice Kavanaugh was joined by his fellow justices in unanimously deciding that delegation clauses in arbitration agreements must be enforced. Delegation...more

Mintz - Arbitration, Mediation, ADR...

The Bermann Objection: Re-Thinking the “Clear and Unmistakable” Manifestation Test re Who Decides Arbitrability Issues

Mintz - Arbitration, Mediation, ADR... on

Gateway issues of arbitrability are presumptively for a court, rather than an arbitrator, to decide in the first instance. First Options of Chicago, Inc. v. Kaplan, 514 U.S. 938 (1995). But arbitration is a creature of...more

Kelley Drye & Warren LLP

Supreme Court and Second Circuit Issue Pair of Rulings Expanding Authority of Arbitration Tribunals in U.S.

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In 1925, Congress passed and President Coolidge signed the Federal Arbitration Act (FAA), 9 U.S.C. § 1 et seq., which provides that arbitrators, not judges and juries, must decide the issues that the parties agreed to...more

Husch Blackwell LLP

SCOTUS Releases Unanimous Opinions In Two Arbitration Cases

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In the past two weeks, the U.S. Supreme Court released two unanimous opinions regarding enforcement of arbitration agreements under the Federal Arbitration Act (FAA), Henry Schein, Inc. v. Archer and White Sales, Inc., and...more

Kilpatrick

Arbitration Justice Kavanaugh eliminates wholly groundless exception to delegation clauses

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Takeaway: Justice Kavanaugh’s first Supreme Court opinion is yet another High Court reminder that, when it comes to arbitration, the contract controls. If parties agree that an arbitrator should resolve the “gateway” issue...more

McGuireWoods LLP

Arbitration Roundup: Three Recent Cases Consider the Interpretation and Enforceability of Arbitration Agreements

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The Supreme Court and the Third Circuit decided three cases in the last week relating to the interpretation and enforceability of arbitration agreements. We discuss them below. Third Circuit Compels Arbitration of an...more

King & Spalding

The Supreme Court Strengthens Ability of Arbitrators to Determine Their Own Jurisdiction

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On January 8, 2019, the U.S. Supreme Court issued a unanimous opinion in Henry Schein, Inc. v. Archer & White Sales, Inc.—the first opinion authored by Justice Brett Kavanaugh—reaffirming that, where parties have agreed to...more

Alston & Bird

Supreme Court Rejects the “Wholly Groundless” Exception to Arbitrators Determining Arbitrability

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Our International Arbitration & Dispute Resolution Team examines how the Supreme Court resolved a circuit split over who decides the question of arbitrability—i.e., whether a claim falls within the scope of an arbitration...more

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