PRACTITIONER BLOG

Read our analyses of developments in Impact Litigation and stay current on class action law

Sixth Circuit Ruling Restricts Imposition of Arbitration
Class Actions, Arbitration Teddy Basham-Witherington Class Actions, Arbitration Teddy Basham-Witherington

Sixth Circuit Ruling Restricts Imposition of Arbitration

A recent Sixth Circuit decision, Taylor v. Pilot Corp, broadly reaffirms that an agreement to arbitrate must be just that—an agreement. It suggests that questions about the formation of that agreement must be decided by a court—not an arbitrator. And it reaffirms the courts’ power to supervise discovery going to the question of contract formation without interference from appellate courts or arbitrators.

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Impact Fund and Allies File Amicus Brief Defending Courts’ Role Protecting Workers During Litigation
Workplace Litigation, Defense Tactics, Amicus Brief Teddy Basham-Witherington Workplace Litigation, Defense Tactics, Amicus Brief Teddy Basham-Witherington

Impact Fund and Allies File Amicus Brief Defending Courts’ Role Protecting Workers During Litigation

Our brief highlights the role afforded to courts to intervene and address the conduct of counsel and parties in litigation. This historical role is especially important in litigation connected to the workplace, where the power imbalance between employers and employees presents unique threats to the rights of employees in the form of coercion and retaliation.

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