Forum
U.S. Supreme Court
Case Status
Decided
Docket Number
Term
2021 Term
Lower Court Opinion
Case Updates
U.S. Supreme Court holds in narrow opinion that waiver of the right to arbitrate does not require a showing of prejudice, only knowing relinquishment
May 23, 2022
Click here to view the opinion. Although the Chamber filed an amicus brief opposing this outcome, the Supreme Court left open on remand whether it would be appropriate to apply a different procedural framework requiring a showing of prejudice (such as forfeiture).
U.S. Chamber files Supreme Court merits-stage amicus brief arguing that prejudice is required before barring a defendant from invoking an arbitration agreement as a litigation defense
February 11, 2022
Click here to view the Chamber’s amicus brief. Zachary D. Tripp and Joshua Halpern of Weil, Gotshal & Manges and the U.S. Chamber’s Litigation Center served as co-counsel for the U.S. Chamber.