Gladys J. Bell

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Supreme Court Rejects Prejudice Element of Waiver Analysis When Enforcing Agreements to Arbitrate

Wed Jun 15 , 2022
[ad_1] The Supreme Court on May 23, 2022, in its decision in Morgan v. Sundance, Inc., rejected the “arbitration specific waiver rule demanding a showing of prejudice” to the party opposing the petition to enforce the arbitration agreement. That rule had been followed for decades by nine Circuits.[1] Post Morgan, the analysis reverts to […]
Supreme Court Rejects Prejudice Element of Waiver Analysis When Enforcing Agreements to Arbitrate