Panel Weighs In on Contractual Arbitration Before SCOTUS Ruling
A Manhattan appeals court on Tuesday decided that a former insurance company agent cannot be forced to arbitrate with her employer despite her contract's arbitration provision, an issue the U.S. Supreme Court is set to decide in in a matter of months, leaving some lawyers wondering why the First Department weighed in at all.
July 18, 2017 at 06:02 PM
5 minute read
In a ruling of first impression affecting state class action litigants, a Manhattan appeals court on Tuesday decided that a former insurance company agent cannot be forced to arbitrate with her employer despite her contract's arbitration provision.
The 3-2 ruling by the Appellate Division, First Department, panel normally would have struck a blow for employees' rights to bring collective actions against their employers.
But the detailed analysis in Gold v. New York Life Insurance, 653923/12, is only temporary. The U.S. Supreme Court is expected to decide the same issue in a matter of months, and, in fact, some lawyers on Tuesday were left wondering why the First Department weighed in at all.
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