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Fisher Phillips Attorney Comments on Key 2018-2019 Supreme Court Cases

10.2.18

The 2018-2019 Supreme Court session has officially begun. In a snapshot of the key cases on the Court’s docket, Katherine Sandberg of Fisher Phillips told SHRM that reverberations from the #MeToo movement and the Supreme Court’s ruling in Epic Systems Corp. v. Lewis last session means that arbitration cases will take center stage on the court’s agenda.

Katherine also addressed the case, Henry Schein Inc. v. Archer and White Sales Inc., regarding arbitration agreements that include a clause stating that an arbitrator must decide the threshold question of whether an issue should be heard by an arbitrator or a court. “But what if the answer is clear that a court needs to decide the case? Do judges have the power to decide to keep the case in court? If a judge thinks that there is no way that arbitration should be compelled in the case it may be a waste of resources to send the case to an arbitrator,” Katherine noted.

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