Epic Sys. Corp. v. Lewis

138 S. Ct. 1612 (2018)

Firm: Kirkland & Ellis

Issue Area: Workers’ Rights & Union Busting

Case summary

Kirkland defended Epic Systems Corporation in a lawsuit alleging wage theft. Epic employees tried to sue collectively, invoking their right to ""concerted action"" under the National Labor Relations Act. But Kirkland successfully enforced a mandatory arbitration provision requiring claims to be settled individually. The case upheld mandatory arbitration provisions requiring employees to give up their right to collectively litigate against their employer. That makes it harder and more time-consuming for employees to vindicate their right to bargain collectively.

Excerpt from the firm's work product

In its brief, Kirkland argued for broad enforcement of forced arbitration agreements. "The FAA speaks unambiguously, declaring arbitration provisions 'valid, irrevocable, and enforceable.' 9 U.S.C. § 2. Accordingly, the FAA 'requires courts to enforce agreements to arbitrate according to their terms, even when the claims at issue are federal statutory claims, unless the FAA’s mandate has been overridden by a contrary congressional command.'"

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