Arbitration clauses, prejudicial delays, and one justice’s contract-law “nightmare”
SCOTUSBlog
MARCH 24, 2022
Sundance had included in Morgan’s job application an arbitration clause, which meant that the company could have immediately sought to put the litigation on hold, and to require Morgan to resolve her case through individual arbitration. Clement replied that the “prejudice inquiry is not so clear” as to provide a free pass.
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