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Post Penn Plaza: Arbitration Enforceability

Law360 (April 22, 2009, 12:00 AM EDT) -- The Supreme Court recently resolved an open question regarding whether the parties to a collective bargaining agreement can together channel statutory discrimination claims into arbitration. 14 Penn Plaza LLC v. Pyett, 129 S. Ct. 1456 (Apr. 1, 2009).

Exemplifying the controversy that has surrounded the arbitration of statutory claims since the court’s 1991 decision in Gilmer v. Interstate/Johnson Lane Corp., 500 U.S. 20, the court’s decision in Penn Plaza was sharply divided.

The five-member majority reasoned that the public policy favoring the arbitration of disputes reflected...
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