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January 3, 2017

Arbitration “Ripe for Consideration” By Supreme Court in 2017

In 2016 arbitration was a hot-button topic in U.S. circuit courts, with “mixed” news coming from courts across the country.

The U.S. Courts of Appeals for the Seventh Circuit and for the Ninth Circuit voted against arbitration; the Fifth, Eighth, and Second Circuits supported arbitration. In one 2016 arbitration case, Lewis v. Epic Systems, parties filed cert petitions to the U.S. Supreme Court calling the circuit splits “intractable” and noted the differing court decisions made dispute resolution “unpredictable to the detriment of employers and employees alike.”

Corporate Counsel notes, “until the Supreme Court opts to weigh in, what seems certain is that the issue [of arbitration] will continue to confound employers across the country.”

 

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