[Update: Professor Kristen Blankley (Nebarska) comments on the textual analysis used by Justice Gorsuch in the New Prime decision.]
On January 15, the U.S. Supreme Court issued its New Prime V. Oliveira decision. As we previously noted (see here), the Court held that only courts can decide the question of whether the Federal Arbitration Act (FAA), 9 U.S.C. §§ 1-16, applies to a particular arbitration agreement, even if the arbitration agreement delegates the question of “arbitrability” to an arbitrator. The Supreme Court also held that the exemption from the FAA for all “contracts of employment of seamen, railroad employees, or any other class of workers engaged in foreign or interstate commerce,” applies to independent contractors as well as traditional employees.
In this mini-symposium, we have asked several arbitrators and scholars to comment on some of the various issues raised by the Court’s decision. Below please find links to their comments. Additional commentary will be added in upcoming days.
New Prime and the Gig Economy, Richard Bales, Professor of Law, Ohio Northern University Pettit college of Law
New Prime and New Opportunities, Kristen M. Blankley, Associate Professor and Director, Robert J. Kutak Center for the Teaching and Study of Applied Ethics, University of Nebraska College of Law
New Prime and the Viability of State Arbitration Acts, Lise Gelernter, Teaching Faculty, University at Buffalo School of Law and NAA Member
New Prime and Old Faults, Imre S. Szalai, Judge John D. Wessel distinguished Professor of Social Justice, Loyola University New Orleans College of Law