28 day free trial

About Us  

Law Firm Customers  

 

Newest employment law cases  
Summaries and links to full text

LawMemo - First in Employment Law

Emailed directly to you
and online all the time
Home 28 Day Trial MyLawMemo Custom Alerts Newest Cases Key Word Search Employment Law Memo
EEOC Info NLRB Info Supreme Ct Arbitration Articles Law Firm Customers Arbitration Blog Employment Blog

LawMemo Arbitration Blog 

Also read LawMemo Employment Law Blog 

 


« NLRB deferral to arbitration: Changes coming | Main | Arbitration agreement cannot waive right to administrative wage hearing »

SCOTUS will decide arbitration waiver issue
February 22, 2011 by Ross Runkel at LawMemo

Today the US Supreme Court granted certiorari in Stok & Associates v. Citibank.

The issue, as presented in the petition for certiorari:

Despite the prevalence of arbitration provisions, parties very frequently elect to waive their contractual right to arbitrate and instead seek to resolve their disputes in a court of law. Because this Court has yet to rule upon when such a waiver becomes binding, a broad and profound conflict has arisen in the Circuit courts as to whether a showing of prejudice is required to render such a waiver irrevocable. Therefore, it is necessary for this Court to answer the following inquiry:

Under the Federal Arbitration Act (“FAA”), should a party be required to demonstrate prejudice after the opposing party waived its contractual right to arbitrate by participating in litigation, in order for such waiver to be binding and irrevocable?

This case will be scheduled for oral argument some time in the Fall of 2011.

Opinion of the 11th Circuit

Petition for writ of certiorari

LawMemo.Com

Home | MyLawMemo | Custom Alerts | Newest Cases | Key Word Search | Employment Law Memo 
EEOC Info | NLRB Info | Supreme Court | Arbitration | Articles | Law Firms
Employment Law Blog | Arbitration Blog | Employment Law 101 

 

Get your 28 day trial now 

 
Google
 
Web www.LawMemo.com 
This form will search the LawMemo web site. 
It does not include Key Word Search.