SCOTUS Rules in Epic Systems: What It Means for Securities Arbitration

Securities Arbitration Commentator, Vol. 2018, No. 3

6 Pages Posted: 24 Jul 2018

See all articles by George Friedman

George Friedman

Fordham University School of Law

Date Written: June 15, 2018

Abstract

In a 5-4 decision split along ideological lines, the Supreme Court on May 21 held in Epic Systems Corp. v. Lewis, No. 16-285, that the Federal Arbitration Act (“FAA”) permits employers to use arbitration clauses containing class action waivers, notwithstanding the National Labor Relations Act’s (“NLRA”) protections of workers’ rights to act collectively. Justice Neil Gorsuch authored the majority Opinion, joined by Justices Alito, Kennedy, and Thomas, and Chief Justice Roberts. The Court’s liberal wing dissented in a blistering Opinion authored by Justice Ginsburg, joined by Justices Breyer, Kagan, and Sotomayor. This article covers what the decision may mean for the securities industry.

Keywords: Supreme Court, SCOTUS, arbitration, employment

Suggested Citation

Friedman, George, SCOTUS Rules in Epic Systems: What It Means for Securities Arbitration (June 15, 2018). Securities Arbitration Commentator, Vol. 2018, No. 3. Available at SSRN: https://ssrn.com/abstract=3206687

George Friedman (Contact Author)

Fordham University School of Law ( email )

150 West 62nd Street
New York, NY 10023
United States

Register to save articles to
your library

Register

Paper statistics

Downloads
32
Abstract Views
85
PlumX Metrics