In Morgan v. Sundance in 2022, the US Supreme Court made clear that no special rules apply to a waiver of an arbitration provision.

Though the case was decided less than two years ago, it has already been cited hundreds of times at the federal district court level, by every circuit other than the US Courts of Appeals for the First and Federal Circuits, and by seven state supreme courts.

As evidenced by those citations, Sundance has had immediate ramifications in federal courts regarding whether a party has waived the right to arbitrate, but it may take time for its impact to be felt on other federal issues and in state courts—creating either unity in waiver analyses or differences in waiver law depending on whether a party's motion to compel arbitration is brought in state or federal court.

Read "Assessing two years of high court's arbitration waiver ruling."


Co-Head of Commercial Litigation, United States

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