Epic Systems Corp. v. Lewis; Ernst & Young LLP v. Morris; NLRB v. Murphy Oil USA, Inc. (U.S. Supreme Court)

The National Labor Relations Board held in In re D.R. Horton that agreements between employers and employees to arbitrate disputes on an individual basis violate the National Labor Relations Act and hence are unenforceable. The U.S. Supreme Court granted certiorari in these three consolidated cases to determine whether the D.R. Horton rule comports with the Federal Arbitration Act. We drafted an amicus curiae brief for the U.S. Chamber of Commerce, explaining why the D.R. Horton rule does not fit into any recognized exception to the FAA’s mandate that arbitration agreements be enforced according to their terms.