This was an interesting article last week by Alison Frankel on the Ninth Circuit's opinion in Morris v. Ernst & Young, LLP, ___ F.3d ___ (9th Cir. Aug. 22, 2016) (discussed in this blog post).
The article points out that in May, the Seventh Circuit also held that the NLRA does not permit no-class-action arbitration clauses in employment contracts (notwithstanding the FAA and Concepcion). Lewis v. Epic Systems C0rp., 823 F.3d 1147 (7th Cir. 2016). Together, those two opinions create a split with the Fifth Circuit (in its D.H. Horton opinion) and the Second and Eighth Circuits.
The article notes that Epic Systems has sought an extension of time to file a cert. petition challenging the Seventh Circuit's decision (see this link for the docket), and the petition is now due on September 23. The article colorfully concludes (and I tend to agree):
When the Supreme Court agrees to resolve the circuit split, it’s going to be a gigantic case, affecting hundreds of thousands if not millions of workers who have signed arbitration provisions with classwide waivers. The amici are going to be thick on the ground on this one.
[h/t: How Appealing]
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