Indisputably (a blog linking dispute resolution scholarship, education and practice) posts comments by Professor Jean Sternlight about the recent decision by the US Court of Appeals for the Seventh Circuit in Lewis v. Epic Systems Corp. (May, 26, 2016). Epic Systems deals with the legality of class/collective action waivers under the National Labor Relations Act. Professor Charles Sullivan joins the conversation at Workplace Prof blog, and Professor Szalai does the same in Outsourcing Justice.
All three commentators opine favorably about the Seventh Circuit’s opinion. Professor Sternlight describes it as a “well-reasoned decision” and Professor Sullivan describes it as “worth reading”. Professor Szalai characterizes the decision as a “great victory for employees.”
The commentators also note that, under normal circumstances and given the fact that Epic Systems creates a circuit split, the stage would have been set for intervention by the US Supreme Court. However, these are not normal times at the Supreme Court, as the Court continues to operate with only eight Justices. Thus, one wonders whether the currently “understaffed” Supreme Court will want to get involved or if it will let the circuit split stand for the time being.