John Lewis, Dustin Dow Examine Waiver and Revival of Arbitral Rights Pertinent to Employment Litigation

Articles / December 20, 2016

Partner John Lewis and Associate Dustin Dow authored an article published in the Winter 2016 issue of Labor Law Journal. The article, “Waiver and Revival of Arbitral Rights – An Important Issue for Future Employment Litigation,” is an extensive overview of when waived arbitration rights can be revived based upon the drastic and unexpected amendment of a complaint or when a change in law reinvigorates a right to arbitrate that would otherwise have been futile. The overview involves an examination of decisions in many substantive areas of law and in class and collective action litigation. Lewis and Dow conclude:

“Where arbitration agreements are involved, parties should continually evaluate whether the landscape of a given case has changed so as to revive their right to pursue arbitration.”

Read the article.

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