Editors’ Note: This post was previously published on Baker’s Employment Class Action blog, and is reprinted with permission. The Sutherland v. Ernst & Young case raised a now familiar question and the Second Circuit gave an answer in keeping up with recent U.S. Supreme Court precedent. The question was whether an employee could invalidate a … Continue Reading
On November 9, 2012, the Supreme Court granted certiorari in American Express Co. v. Italian Colors Restaurant, No. 12-133, on the following question: “Whether the Federal Arbitration Act permits courts, invoking the ‘federal sustantive law of arbitrability,’ to invalidate arbitration agreements on the ground that they do not permit class arbitration of a federal-law claim.” … Continue Reading