Gorsuch And The Future Of Class Action Waivers

By Ron Chapman Jr. and Christopher Murray, Ogletree Deakins Nash Smoak & Stewart PC (February 1, 2017, 1:28 PM EST) -- Ron Chapman Jr.

Christopher C. Murray On Jan. 31, 2017, President Donald Trump nominated Judge Neil Gorsuch of the Tenth Circuit to the U.S. Supreme Court.

As we discussed in our article, "Supreme Court Jumps Into Class Action Waiver Fight," the high court recently announced it will consider this term whether the National Labor Relations Board can ban class action waivers in employment arbitration agreements under the National Labor Relations Act, or whether such waivers are protected under the Federal Arbitration Act. The current eight-member court faces the real risk of ending up in a 4–4 tie on this critical question,...

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