Arbitration, Class Action, Waiver, FAA: We Eagerly Wait The First Monday In October, And The SCOTUS Hearing On Three Consolidated Arbitration Cases

A Couple Of New Tidbits From SCOTUS Blog.

         Amy Howe posted again in SCOTUSBlog on September 25, 2017, about the upcoming hearing on October 2 of Epic Systems Corp. v. Lewis, Ernst & Young LLP v. Morris, and National Labor Relations Board v. Murphy Oil USA, cases requiring SCOTUS to reconcile the Federal Arbitration Act and federal labor laws, in order to determine whether arbitration provisions containing employee class waivers are enforceable.

        What to expect?  A debate of epic proportions?  Earnest advocacy?  Morris Dancers in the Supreme Court? Murphy's Law?  We shall see.

        Two additional tidbits in Amy Howe's post are (1) SCOTUS  granted motions for divided argument by the U.S. Solicitor and the NLRB, since the two are no longer on the same page; (2) instead of relying on the two Supreme Court advocates who have been representing the employers, the employers have chosen Paul Clement to argue for them.