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Labor/Employment,
Civil Litigation,
U.S. Supreme Court

Jan. 10, 2019

Kavanaugh says ‘wholly groundless’ arbitration motions trump access to the courts

While this is Justice Kavanaugh’s first decision for the court, the unanimity of the justices demonstrates how far in favor of arbitration the law has moved just eight years since the Supreme Court’s decision in Concepcion.

Eric J. Buescher

Georgetown Univ Law Ctr; Washington DC

Eric works on fraud cases, representing whistleblowers and employees in false claims cases. He also works on financial elder abuse, mass tort actions, and water and land use litigation, advocating for public rights to use and access open spaces.

See more...

Kavanaugh says ‘wholly groundless’ arbitration motions trump access to the courts
From left: Supreme Court Justices Brett Kavanaugh, Neil Gorsuch, Elena Kagan and Samuel Alito at the White House, Nov. 16, 2018. The unanimity in Kavanaugh's first opinion shows how far in favor of arbitration the court has come since its 2008 decision in Concepcion. (New York Times News Service)

OT18

Writing for a unanimous court, Justice Brett Kavanaugh issued his first decision as a U.S. Supreme Court justice on Tuesday in Henry Schein, Inc. v. Archer & White Sales, Inc., 2019 DJDAR 147. The case involved the enforceability of an arbitration agreement between the parties and interpr...

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