Bloomberg quoted Philadelphia partner Michael Daly in an article entitled “Arbitration Ruling Sends Trucking Employers to State Law Jumble.”
The article explained that, because the Federal Arbitration Act preempts state law, the validity of arbitration agreements rarely turns on state law. But when the U.S. Supreme Court recently ruled in New Prime v. Oliveira that certain transportation workers’ contracts fall within a statutory exclusion to the Federal Arbitration Act, the question became whether arbitration agreements and class action waivers will be enforced under state law.
Mike predicted that that the plaintiffs’ bar will continue to resist arbitration agreements, but also observed that such opposition would be misguided, as individual plaintiffs actually “recover more frequently, more quickly, and more cheaply in arbitration than they do in court.”
Read “Arbitration Ruling Sends Trucking Employers to State Law Jumble.” (log-in required)