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Mandatory Arbitration Of An Employee's Statutory Rights: Still A Controversial Issue Or Are We Beating The Proverbial Dead Horse - Penn V. Ryan's Family Steakhouse, Inc., Andrea L. Myers
Journal of Dispute Resolution
Since the early 1980s, the Supreme Court has espoused a strong preference for arbitration in the employment setting. Despite this general preference, the Supreme Court has never clearly stated that mandatory arbitration of statutory rights is always reasonable. This omission has led to much controversy about whether this preference permits the mandatory arbitration of all statutory rights or only those that are amenable to arbitration as defined by the Supreme Court.
Class Action Vs. Arbitration: Does Tila Support Class Actions In Arbitration Where Statutory Rights Are Concerned - Johnson V. West Suburban Bank, Christina S. Lewis
Class Action Vs. Arbitration: Does Tila Support Class Actions In Arbitration Where Statutory Rights Are Concerned - Johnson V. West Suburban Bank, Christina S. Lewis
Journal of Dispute Resolution
Johnson v. West Suburban Bank is an important case in American jurisprudence because it combines several United States Supreme Court cases to establish a test for whether arbitration provisions relating to statutory rights should be upheld when they essentially preclude class actions. This Casenote will examine the progression the courts have taken and Johnson's subsequent test. Finally, an evaluation of this test will follow.