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Perspective

Jul. 17, 2010

Closing the Doors to Justice?

The U.S. Supreme Court has regrettably turned an ordinary case into a ruling that could close the doors to justice for victims of workplace wrongs, writes John McCauley of PMA.

By John "Jay" McCauley

Last month, in Rent-A-Center, West Inc. v. Jackson (No. 09-497), the Supreme Court, in a 5-4 decision written by Justice Antonin Scalia, ruled against an employee who sought to have an arbitrability issue in his case decided by a court, and not by an arbitrator. The obstacle facing the employee, Antonio Jackson, was a clearly drafted "delegation clause" - a clause directing that any challenges to the enfor...

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