NYU Law professor Samuel Estreicher and appellate lawyers Rex Heinke and Susan Yorke discuss a decision by the U.S. Court of Appeals for the Ninth Circuit in which the appellate court reinstated California AB 51, which prohibits employers from conditioning employment on an applicant’s waiver of various rights, including the right to litigate. The authors note that the ruling creates a circuit split and may even be at odds with recent Supreme Court case law.
NYU Law professor Samuel Estreicher and appellate lawyers Rex Heinke and Jessica Weisel comment on a case the U.S. Supreme Court will hear next term that presents the question what role, if any, federal courts should play in facilitating discovery in foreign arbitrations. The authors argue that while the case seems to turn on a simple matter of statutory interpretation, the case may shed new light on how the current Court approaches traditional interpretive tools.
NYU Law professor Samuel Estreicher and appellate lawyers Rex Heinke and Jessica Weisel describe the uncertainty surrounding whether Uber and Lyft drivers are subject to the Federal Arbitration Act. The authors note the split of authority across the nation and note that, depending on the outcome of litigation in the Second, Third, and Eleventh Circuits, the question may soon come before the U.S. Supreme Court to resolve.