Class Waiver Oral Arguments Show Room For Compromise

By Scott Oswald (October 3, 2017, 12:26 PM EDT) -- In arguments Monday at the U.S. Supreme Court, the four most liberal justices lined up strongly against so-called "class waivers" in employment contracts — and even stepped in, on occasion, to offer better logic than the advocates at the lectern could muster.

The court's conservative wing, on the other hand, was both low-key and opaque; Justice Neil Gorsuch didn't talk at all. The conservatives who did speak, including Chief Justice John Roberts, engaged fully with the anti-waiver side, exploring its position without evident hostility.

None of the justices, meanwhile, seemed 100 percent behind attorneys for employers and the U.S. Department of...

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