Is Employment Arbitration At A Crossroads In 2014?

Law360, New York (January 10, 2014, 7:28 PM EST) -- AT&T Mobility v. Concepcion, 131 S. Ct. 1740 (2011), imposed significant restrictions on state contract defenses, such as unconscionability and public policy, that limit the enforceability of arbitration agreements governed by the Federal Arbitration Act. This year, in American Express Co. v. Italian Colors Restaurant, 133 S. Ct. 2304 (2013), the U.S. Supreme Court once again struck down obstacles to arbitration established by lower courts by substantially narrowing the FAA's so-called "vindication exception" as a basis for invalidating arbitration agreements that fail to vindicate statutory rights. At the same time, however, a growing divide has begun to emerge among lower courts...

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