United States Supreme Court Delays Oral Argument in Class Action Waiver Cases
On February 8th, the United States Supreme Court notified the parties in National Labor Relations Board v. Murphy Oil USA, Case No. 16-307; Epic Systems Corp. v. Lewis, Case No. 16-285; and Ernst & Young LLP v. Morris, Case No. 16-300 that the cases will be heard in October 2017. As reported in our earlier post, on January 13, 2017, the Supreme Court consolidated the three cases and granted certiorari. The cases generally present the question of whether class action waivers in employment arbitration agreements violate the National Labor Relations Act. We anticipate that by October, the vacancy on the Court will be filled.