Federal Statutory Claims

The Court finds that permitting employees to engage in collective legal action under the National Labor Relations Act would “impermissibly disfavor” arbitration under the FAA, giving employers the green light to silo workers and suppress claims through forced arbitration clause class, collective, and joint action bans.

June 17, 2019

By NIWR

Epic Systems, Corp. v. Lewis, 138 S. Ct. 1612 (2018) Relevant Facts: The U.S. Supreme Court granted certiorari and consolidated three separate cases with similar facts. Each case involved […]

The Court upholds a class action ban in an adhesive consumer contract, giving de facto immunity to corporations involved in widespread civil wrongdoing.

June 17, 2019

By NIWR

American Express Co. v. Italian Colors Restaurant, 133 S. Ct. 2304 (2013) Relevant Facts: A group of small business owners banded together in a federal class action to allege […]

The Court reaffirms its “contrary congressional command” standard to be applied in resolving conflicts between the FAA and another federal statute.

June 17, 2019

By NIWR

CompuCredit Corp. v. Greenwood, 132 S. Ct. 665 (2012) Relevant Facts: A credit card company marketed their credit cards as a way to repair damaged credit, but then charged […]

The Court declines to extend FAA jurisdiction to federal enforcement actions by regulatory agencies, where the agency has filed on behalf of a party bound by a forced arbitration clause.

June 17, 2019

By NIWR

Equal Employment Opportunity Commission v. Waffle House, Inc., 534 U.S. 279 (2002) Relevant Facts: After completing a form job application, a man was hired to work the grill at […]

The Court overturns Alexander v. Gardner-Denver and opens the door to forcing employees to arbitrate claims when an employer violates their workplace rights.

June 17, 2019

By NIWR

Gilmer v. Interstate/Johnson Lane Corp., 500 U.S. 20 (1991) Relevant Facts: A stockbroker brought suit in federal court alleging his employer had discriminated against him in violation of the […]

The Court expressly overturns Wilko, and declares that “resort to arbitration does not inherently undermine [a] petitioner’s substantive rights” under a statute.

June 17, 2019

By NIWR

R. de Quijas v. Shearson/American Express, Inc., 490 U.S. 477, 484 (1989) Relevant Facts: Customers of an investor firm sued for fraud under the Securities Act, inter alia, but […]

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Federal Statutory Claims

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