U.S. Supreme Court,
Labor/Employment,
California Supreme Court,
9th U.S. Circuit Court of Appeals
Sep. 21, 2017
Horton hears a death knell
Even if the court is unwilling to hold that the FAA trumps the NLRA in a series of consolidated cases — Epic Systems Corp. v. Lewis, Ernst & Young LLP v. Morris, and NLRB v. Murphy Oil USA, Inc. — the D.R. Horton rule is still doomed.
Kenneth D. Sulzer
Office Managing Partner
Constangy, Brooks, Smith & Prophete LLP
Phone: (310) 597-4552
Email: ksulzer@constangy.com
Harvard Univ Law School; Cambridge MA
Steven B. Katz
Partner
Constangy, Brooks, Smith & Prophete LLP
1800 Century Park E Fl 6
Los Angeles , CA 90067
Phone: (310) 597-4553
Email: skatz@constangy.com
USC Law School
Steven B. Katz is a partner and co-chair of the Appellate Practice Group at Constangy, Brooks, Smith & Prophete, LLP. He represents employers in class, collective and representative actions, and appeals.
OCTOBER 2017 TERM
In D.R. Horton, Inc., 357 N.L.R.B. 2277 (2012), rev’d in relevant part, D.R. Horton, Inc. v. N.L.R.B., 737 F.3d 344 (5th Cir. 2013), the National Labor Relations Board held that Section 7 of the National Labor Relations Act barred employers from including class relief waivers in employment-related arbitration agreements, and that any attempt t...
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