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Supreme Court Deals Forced Arbitration a Blow: Stephen L. Carter

May 27, 2022, 12:47 PM

It would have been easy to miss what at the Supreme Court earlier this week in a case about arbitration of employment disputes. But the justices’ unanimous decision in Morgan v. Sundance might have far-reaching implications for employers.

The facts of the case may be quickly stated. The plaintiff, an employee of a Taco Bell franchisee, filed a lawsuit challenging the company’s overtime practices. The defendant’s motion to dismiss was denied. Mediation was unsuccessful. Finally, after eight months, the company moved to put the litigation on hold because the employee’s contract required that such disputes be submitted to binding arbitration. ...