U.S. Supreme Court Delays Argument On NLRB Class Action Waiver Issue Until Late 2017 or 2018

February 9, 2017 by

On Friday, January 13, the U.S. Supreme Court agreed to resolve a conflict between the circuits as to whether class action waivers violated the National Labor Relations Act.

It accepted three of the cases for review: the 5th Circuit’s Murphy Oil case, the 7th Circuit’s Epic Systems case, and the 9th Circuit’s Ernst & Young case. The cases will be consolidated for purposes of oral argument and final written opinion.

That argument will not take place until October 2017 at the earliest, which means there will likely be no final decision until late 2017 or early 2018.  Many speculate that the delay was to allow U.S. Supreme Court nominee Gorsuch to be seated to participate in the decision.

Steve Larson
An experienced trial lawyer who handles both hourly and contingent fee cases, Steve has expertise in class actions, consumer cases, antitrust litigation, securities litigation, corporate disputes, intellectual property disputes, unfair competition claims, employment matters, and disputes involving family wealth. Steve regularly represents individuals and businesses in federal and state court and has obtained class-wide recovery in multiple class actions. A veteran practitioner, Steve's clients value his creative approach to resolving complex litigation matters.

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