Bowman and Brooke attorneys C.J. Schoenwetter and Eric Olson co-authored an article in Minnesota Lawyer, Understanding the Supreme Court’s Latest Decisions on the Federal Arbitration Act.
The Federal Arbitration Act (“FAA”) reflects the principle that contracting parties can choose to select the nature of dispute resolution of conflicts under the contract—including not only for substantive issues, but also for whether an arbitrator or a court can determine threshold issues. This third article of three wraps up our review of three FAA-related Supreme Court decisions issued between April 12 and March 23, 2024 interpreting the FAA.
This final article discusses the Supreme Court’s decision in Bissonnette v. LePage Bakeries Park St., LLC, 601 U.S. 246 (2024)—which sought to resolve a three-way circuit split between the First, Second, and Eleventh Circuits—expanding the scope of the FAA’s transportation exemption to cover employees that do not work in the transportation industry. Bisonnette represents yet another decision by the Supreme Court that arguably narrows the scope of the FAA in favor of judicial proceedings.
To read the entire article, click here.