Morgan v. Sundance, Inc. 596 US _ (2022) #

One Line Summary: courts cannot create arbitration-specific procedural rules

• Decision: https://www.supremecourt.gov/opinions/21pdf/21-328_m6ho.pdf
• Author: Elena Kagan (unanimous)

Core Claim (pull quote):

This Court granted certiorari to resolve the split over whether federal courts may adopt an arbitration-specific waiver rule demanding a showing of prejudice. Held: ….erred in conditioning a waiver of the right to arbitrate on a showing of prejudice. The text of the FAA makes clear that courts are not to create arbitration-specific procedural rules …

Analysis #

See Rosencrants for detailed analysis.