Arbitration in the States

The Court ruled that a state labor law guaranteeing workers access to a public judicial forum to adjudicate their claims was preempted by the FAA.

June 25, 2019

By NIWR

Perry v. Thomas, 482 U.S. 483 (1987) Relevant Facts: An employee who had worked for a securities broker in California sued for unpaid commissions in violation of state law. […]

The Supreme Court divests federal district courts of discretion in ordering certain claims into arbitration, yet concedes that “arbitration cannot provide an adequate substitute for a judicial proceeding in protecting the federal statutory and constitutional rights that §1983 [of the Civil Rights Act] is designed to safeguard.”

June 25, 2019

By NIWR

Dean Witter Reynolds, Inc. v. Byrd, 470 U.S. 213 (1985) Relevant Facts: A retired dentist invested his life savings in the stock market, only to lose the majority of […]

In a landmark opinion, the Court held that the FAA preempts certain state laws and ruled that state courts must order arbitration under the FAA unless an exception applies.

June 25, 2019

By NIWR

Southland Corp. v. Keating, 465 U.S. 1 (1984) Relevant Facts: A group of franchisees came together as a class and sued Southland Corp., a franchisor of 7-Eleven convenience stores, […]

The Court declares that the Federal Arbitration Act created a “body of federal substantive law” such that “any doubts concerning the scope of arbitrable issues should be resolved in favor of arbitration.”

June 25, 2019

By NIWR

Moses H. Cone Memorial Hospital v. Mercury Constr. Co., 460 U.S. 1 (1983) Relevant Facts: A hospital contracted with a building contractor and an architect to renovate its facilities. […]

The Court holds that, absent a countervailing federal statute, states may protect their workers by prohibiting the enforceability of arbitration provisions in employment contracts as a matter of public policy.

June 25, 2019

By NIWR

Merrill Lynch, Pierce, Fenner, & Smith, Inc. v. Ware, 414 U.S. 117 (1973) Relevant Facts: A broker for the firm, Merrill Lynch, Pierce, Fenner, & Smith, Inc. (“Merrill Lynch”) […]

In promulgating a new “severability doctrine” the Court changes the standard for assessing the enforceability of an arbitration clause.

June 25, 2019

By NIWR

Prima Paint Corp. v. Flood Conklin Mfg. Co., 388 U.S. 395 (1967) Relevant Facts: Two companies entered into a contract. One sued the other for breach of contract and […]

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Arbitration in the States

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