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Supreme Court of the United States Arbitration Agreements

The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary... more +
The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary with only a limited number of cases granted review each term.  The Court is comprised of one chief justice and eight associate justices, who are nominated by the President and confirmed by the Senate to hold lifetime positions. less -
Miller Starr Regalia

The Evolving Law of Waiver Under the California Arbitration Act: Predictions for a Post-Quach World

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Nearly a century ago, and recognizing the courts’ historic hostility toward arbitration agreements, Congress, followed shortly by the California Legislature, adopted laws intended to “favor” arbitration. In recent decades,...more

Stinson LLP

U.S. Supreme Court Provides Guidance on Litigation Over Arbitration Clauses

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Arbitration agreements are intended to preclude litigating disputes in court, but the U.S. Supreme Court has clarified in two recent decisions — Coinbase Inc. v. Suski and Smith v. Spizzirri — that in certain circumstances,...more

DarrowEverett LLP

Litigating Arbitration Awards: Federal Courts Decline to Punch the Jurisdictional Ticket

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Over two years ago, the United States Supreme Court divested the federal courts of jurisdiction over all but a few disputes concerning the confirmation or vacation of arbitration awards. Since then, the federal appellate...more

Proskauer Rose LLP

California Employment Law Notes - July 2024

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Employee Who Wanted To Donate/Freeze Her Eggs Was Not Protected By Pregnancy Statute - Paleny v. Fireplace Products U.S., Inc., 103 Cal. App. 5th 199 (2024) - Erika Paleny alleged harassment, discrimination and...more

Husch Blackwell LLP

Not So Fast: The Supreme Court of the United States Holds District Courts Should Not Dismiss Lawsuits Pending Arbitration

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On May 16, 2024, the Supreme Court of the United States (“SCOTUS”) unanimously held that when a district court finds that when a lawsuit involves an arbitrable dispute and a party has requested a stay of the court proceeding...more

Womble Bond Dickinson

Supreme Court Clarifies Arbitration Clauses: Key Takeaways for Companies

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Recent decisions by the U.S. Supreme Court in Smith v. Spizzirri, 601 U.S. 472 (2024) and Coinbase, Inc. v. Suski, 144 S. Ct. 1186 (2024) provide important guidance for companies utilizing arbitration clauses in their...more

Fisher Phillips

SCOTUS 2023/24 Lookback and Preview: 8 Key Rulings that Impact the Workplace and 4 New Cases for Employers to Track Next Term

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The Supreme Court issued several momentous decisions last term that will have a lasting impact on employer practices. The Justices continued to shape the workplace law landscape by ruling on an array of issues involving...more

McGlinchey Stafford

Litigation Byte (June Edition)

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The Litigation Byte is the new name and format for McGlinchey’s Commercial Law Bulletin. Our new format reflects McGlinchey’s national coverage and our expanded footprint while still serving up the digestible, insightful...more

Morrison & Foerster LLP - Class Dismissed

Beware Of Conflicting Terms: When Customers Entered Into Multiple Contracts, Scotus Says Courts Must Decide Which One Governs...

On May 23, 2024, the United States Supreme Court decided Coinbase, Inc., v. Suski, No. 23-3, serving a reminder to companies with mandatory consumer-facing arbitration provisions that contractual consistency is a key to...more

Miller Canfield

Justices Leave Federal Jurisdiction over Enforcement of Arbitration Awards Unclear

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The Federal Arbitration Act (FAA) requires federal courts to enforce agreements to arbitrate that impact interstate commerce. The FAA and its body of case law are binding on state courts and many states have adopted similar...more

Bressler, Amery & Ross, P.C.

Supreme Court Clarifies Mandatory Stay Requirement Under the Federal Arbitration Act

On May 16, 2024, the Supreme Court of the United States issued a unanimous decision in Smith v. Spizzirri. This decision brings much-needed clarity to the proper procedure for federal courts, when dealing with cases involving...more

Locke Lord LLP

Stay or Dismiss: The Supreme Court Weighs How to Address Cases Subject to Mandatory ‎Arbitration That Are Filed in District Court

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What happens when a party required by contract to arbitrate a claim tries pursuing it in court, nonetheless? Should the case be dismissed? Or must the court hold the case on its docket while the parties seek resolution...more

Epstein Becker & Green

#WorkforceWednesday® - Key SCOTUS Decisions This Term for Employers - Employment Law This Week®

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This week, we’re recapping recent U.S. Supreme Court (SCOTUS) decisions and their impact on employers across the country. Employment-Related Decisions The Supreme Court is closing out its term, and the justices have handed...more

Nelson Mullins Riley & Scarborough LLP

Supreme Court Says When It Comes to Deciding Arbitration Clauses: “I am the Law”

On May 23, the Supreme Court issued a decision holding that when parties have two conflicting contracts – one that sends disputes to arbitration and one that sends disputes to the courts – a court, not an arbitrator, must...more

Carlton Fields

Conflict of Contracts: SCOTUS Backs Courts Rather Than Arbitrators to Resolve

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With its recent decision in Coinbase Inc. v. Suski, the U.S. Supreme Court held that when parties have agreed to two separate contracts, one sending arbitrability disputes to arbitration and the other sending arbitrability...more

Locke Lord LLP

Supreme Court’s Two Arbitration ‎Opinions Prohibit Dismissal of Case Pending Arbitration and ‎Require Court to Assess Conflicting...

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The Supreme Court recently issued a pair of unanimous decisions clarifying how arbitration clauses impact litigation. One decision restricts a court’s discretion to dismiss—rather than stay—litigation after ordering the...more

Miles Mediation & Arbitration

Arbitrability of Sexual Harassment and Sexual Discrimination Cases: Litigating in an Alternative Universe

It is generally understood, or at least it has been in the past, that plaintiffs prefer to avoid the application of the Federal Arbitration Act (the “FAA”) and instead present their cases to juries. As such, plaintiffs have...more

Sheppard Mullin Richter & Hampton LLP

Supreme Court Rules That Judges – Not Arbitrators – Must Resolve Disputes Where Various Agreements May Govern a Particular Dispute...

In 23-3 Coinbase, Inc. v. Suski (05/23/2024) (supremecourt.gov) (May 23, 2024), the U.S. Supreme Court once again delved into the frequently litigated arena of arbitration agreements. Specifically, the Court considered...more

McGlinchey Stafford

Threshold Arbitrability Questions: SCOTUS Rules that Courts, Not Arbitrators, Must Decide Which Contract Governs

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On May 23, 2024, the Supreme Court unanimously ruled that when parties have agreed to more than one contract – one that contains a clause sending threshold arbitrability questions to an arbitrator and one that sends those...more

Manatt, Phelps & Phillips, LLP

Supreme Court: Look to Worker, Not Employer for FAA Exemption Status

Is the exemption from coverage under the Federal Arbitration Act (FAA) for any “class of workers engaged in foreign or interstate commerce” limited to workers whose employers are in the transportation industry? ...more

Troutman Pepper

SCOTUS Designates Dueling Delegation Decision to Courts

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SCOTUS has once again clarified a court’s power to compel arbitration, this time in the context of conflicting delegation clauses. In doing so, the Court aptly acknowledged its standing tri-layered analysis of arbitral...more

Cozen O'Connor

Supreme Court Says “Stay” Means “Stay,” Not “Dismiss,” in Resolving FAA Circuit Split

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On May 16, 2024, the Supreme Court, in Smith v. Spizzirri, unanimously held that Section 3 of the Federal Arbitration Act (FAA) requires courts to stay, rather than dismiss, proceedings pending arbitration upon a party’s...more

Katten Muchin Rosenman LLP

SCOTUS Resolves New (Fourth) Layer of Arbitration Contract Disputes

The Supreme Court gave us another arbitration decision yesterday (May 23rd)—the second in the span of a week. This one is Coinbase v. Suski, which poses the following question: “Where parties have agreed to two contracts —...more

Troutman Pepper

Cryptocurrency, Sweepstakes, and the Supreme Court: A Tale of Two Contracts

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On May 23, the U.S. Supreme Court issued its decision in Coinbase, Inc. v. Suski et al., unanimously affirming the Ninth Circuit’s decision holding that when parties have agreed to two contracts — one sending arbitrability...more

Kilpatrick

The Supreme Court holds that, where parties have agreed to contracts with conflicting dispute resolution provisions, the court –...

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Takeaway:  In Coinbase, Inc. v. Suski, No. 23-3, 2024 WL 2333424 (U.S. May 23, 2024), the Supreme Court unanimously held that where parties have agreed to two contracts – one with an arbitration clause and one without – the...more

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