Oliveira Arguments Portend A Small Victory Against FAA

Law360 (October 3, 2018, 10:22 PM EDT) -- For years now, employers have been relying on arbitration agreements to herd their workers toward ever-weaker legal remedies — and the U.S. Supreme Court has blessed each constriction along this cattle chute, all the way to last term’s hobbling of collective action in Epic Systems Corp. v. Lewis.

The justification in each case: The Federal Arbitration Act, a 1925 statute that corporations have wielded with disturbing vigor in the 21st century, pushing many workplace disputes into biased forums that convene behind closed doors.

Thank heaven, then, for the small favor of New Prime Inc. v. Dominic Oliveira, an arbitration case for...

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