Date of this Version
THE NEBRASKA LAWYER, july/august 2012, pp. 11-14.
The United States Supreme Court remains active in the area of arbitration law, deciding between one and three arbitration cases per term over the course of the last five or so years. Despite their recentness, many of these arbitration decisions are already considered “landmark” cases, drastically affecting the way attorneys, arbitrators, and judges approach arbitration cases. This short article recounts some of the most important arbitration decisions of the last decade, focusing on cases relating to labor and employment issues and class action issues.
The first section of this article considers cases dealing with labor and employment issues, as well as statutory issues. This section focuses primarily on the 2009 case of 14 Penn Plaza LLC v. Pyett, 556 U.S. 247, 129 S. Ct. 1456 (2009), which upheld the enforceability of a provision in a collective bargaining agreement (CBA) requiring individual union members to arbitrate their statutory claims. The second section of this article primarily considers the Stolt-Nielsen- Jackson-Concepcion “trilogy” of cases dealing with class action and arbitrability issues.