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Expert Analysis

After High Court Ruling, Arbitration May Lose Its Luster

By Richard Faulkner and Philip Loree (May 27, 2022, 4:12 PM EDT) -- On May 23, the U.S. Supreme Court handed down its unanimous opinion in Morgan v. Sundance Inc.[1] Morgan addressed the question of whether, under the Federal Arbitration Act, prejudice is required to establish waiver of the right to compel arbitration and stay litigation based on litigation conduct inconsistent with arbitration....

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