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U.S. Supreme Court,
Civil Litigation,

Oct. 6, 2017

Yellow dog contracts, ‘jiggery-pokery’ and the FAA

As Justice Breyer intimated, a Supreme Court decision allowing employer prohibitions on employee class actions would "overturn ... labor law that goes back to, for FDR at least, the entire heart of the New Deal."

Neil Gorsuch in the Rose Garden of the White House in April. (New York Times News Service)

On Monday, the U.S. Supreme Court heard oral arguments in a trilogy of cases involving the intersection of the National Labor Relations Act and the Federal Arbitration Act: Epic Systems Corp. v. Lewis, Ernst & Young LLP v. Morris, and NLRB v. Murphy Oil USA, Inc.

At the outset, Justices Ruth Bader Ginsburg and Sonia Sotomayor made a fundamental po...

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