On April 24, 2019, the U.S. Supreme Court held that even if an arbitration agreement is ambiguous as to whether classwide arbitration is permitted, that is insufficient to find that the parties consented to class arbitration.
As expected, on March 18, 2019, Governor Murphy added New Jersey to the growing list of states that have chosen to legislate significant contractual limitations upon an employer’s right to enter into certain nondisclosure agreements (NDAs).
The Supreme Court recently countered its recent wave of opinions favoring arbitration, unanimously holding that Section 1 of the FAA excludes from its coverage interstate truck drivers even if they are independent contractors and not employees.
On January 8, 2019, in a unanimous opinion written by Associate Justice Brett Kavanaugh, the Supreme Court ruled that where parties have agreed to delegate issues of arbitrability to an arbitrator, a court may not override that agreement.
The Kentucky Supreme Court has held that the FAA does not preempt a Kentucky statute barring employers from requiring employees to waive, arbitrate, or diminish statutory rights as a condition or precondition of employment.
The Colorado Court of Appeals recently held that clauses requiring arbitration of all claims “arising under” an agreement are broad and that such language is not intended to limit the scope of arbitrable claims.