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SCOTUS Hears Oral Argument in Lewis FAA Preemption Case. Lots of Questions for All Sides
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Oral argument took place October 2nd before the Supreme Court in Epic Systems Corp. v. Lewis, 137 S.Ct. 809 (2017), the first case of the Court’s new Term.

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Divided Fifth Circuit: Class Action Waivers OK Even Though Not in Arbitration Clause
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A “bare” class action waiver in an employment contract was enforceable even though it was not part of an arbitration clause, a divided Fifth Circuit holds.

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United States Switches Sides in Lewis Case Pending at SCOTUS, Taking Pro-Arbitration Position Against the NLRB
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The Acting Solicitor General has filed an Amicus Brief in Epic Systems, set for oral argument next Term at the Supreme Court, siding with the employers challenging the anti-arbitration policies of the National Labor Relations Board (“NLRB”).

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SCOTUS Hat Trick: Certiorari Granted in Three Cases Involving Class Action Waivers in Employment Arbitration Agreements
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The Supreme Court on January 13th granted certiorari in three cases involving the issue of whether the Federal Arbitration Act prevails over the National Labor Relations Act when it comes to enforcing class action waivers in employment arbitration agreements.

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Three Strikes, You’re Out: Fifth Circuit Again Invalidates NLRB’s Anti-Class Action Waiver Policy
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For the third time, the Fifth Circuit has rejected the National Labor Relations Board’s (“NLRB”) view that use of class action waivers in predispute arbitration agreements (“PDAAs”) violates the National Labor Relations Act (“NLRA”).

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