Justice Ginsburg Confirms The Rumors – It’s Over

April 26, 2019
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Supreme Court Justice Ruth Bader Ginsburg just confirmed the rumors. It’s over for good.

In a high-profile case between employers and workers, the Supreme Court ruled that “an ambiguous agreement that parties have consented to arbitrate on a classwide basis” cannot be upheld.

Chief Justice John Roberts wrote the majority opinion, and Justice Ginsburg dissented strongly. The ruling hurts “the capacity of employees and consumers to band together in a judicial or arbitral forum,” she wrote.

Ginsburg continued by saying “there will be huge under-enforcement of federal and state statutes designed to advance the well-being of vulnerable workers.”

Of course, Ginsburg is overreaching in her assumption about the conservative majority’s opinion, which simply ruled that agreements too “ambiguous” to understand aren’t legally enforceable.

In practice, the court created additional precedent that set a tighter standard for classwide arbitration (i.e. out-of-court agreements) between employers and employees.

Read the full story here.

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