Supreme Court Rules Prejudice Inquiry has no Place in Waiver of Arbitration Contract Provision
On May 23, 2022, the Supreme Court ruled, in a decision that will potentially have wide ranging impact on the arbitration of potential class action disputes, that a party’s right to try to send a case to arbitration after first litigating does not depend on whether the delay prejudiced the other party. As a result, workers seeking to keep their cases out of arbitration no longer need to show prejudice when fighting a delayed arbitration bid. They only need to show that the employer waived its right to arbitration by engaging in conduct inconsistent with the […]
