2 Key Questions After High Court's Epic Systems Opinion

Law360 (May 29, 2018, 3:12 PM EDT) -- There are two components to the U.S. Supreme Court’s recent decision in Epic Systems Corp. v. Lewis worthy of further thought and analysis. The first is whether anything remains in the battle between individual arbitration clauses and class or collective actions. Perhaps, one remaining area is state laws that allow individuals to step into the shoes of the state as so-called “private attorneys general.” This article discusses prior decisions in that area and potential legal battles post-Epic Systems.

The second, and potentially more far-reaching, component of the decision in Epic Systems is Justice Neil Gorsuch’s treatment of the National Labor Relations...

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