U.S. Supreme Court: Prejudice Not Required to Find Waiver of Arbitral Rights
By Anabel Blanco & Edward M. Mullins
Labor and Employment Law,
July 2022
The U.S. Supreme Court released a unanimous opinion in Morgan v. Sundance, Inc., holding that the Federal Arbitration Act does not authorize federal courts to create an arbitration-specific procedural rule requiring a finding of prejudice before a party can be found to have waived its right to arbitration.
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