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Jan 29

Supreme Court: FAA Does Not Apply to Arbitration Agreements with Interstate or Foreign Transportation Workers

On January 8, the Supreme Court handed down its second unanimous opinion on arbitration in as many weeks, New Prime Inc. v. Oliveira, 586 U.S. ___ (Jan. 15, 2019). The first opinion, Schein (as discussed here) requires courts to interpret delegation clauses strictly and enforce… Read More

Jan 14

Supreme Court Finds “Wholly Groundless” Exception in Arbitrability Disputes to be Wholly Groundless

In Justice Brett Kavanaugh’s first opinion, Henry Schein, Inc. v. Archer and White Sales, Inc., 586 U.S. ___ (Jan. 8, 2019), the Supreme Court rejected the “wholly groundless” exception to the enforcement of certain arbitration delegation clauses. The opinion provides the Court’s most recent reminder… Read More