Foley & Lardner LLP partner Carrie Hoffman commented on the U.S. Supreme Court’s decision to hear an arbitration jurisdiction case in the Law360 article, “High Court Arb. Jurisdiction Case May Impact W&H Cases.”
Hoffman, chair of Foley’s Labor & Employment Practice Group, said should the U.S. Supreme Court affirm state court power over arbitration agreements in the case, Adrian Jules v. Andre Balazs Properties et al., it might add another factor to consider when counseling a client on compelling a case to arbitration.
“I would still be inclined to remove to federal court on most employment claims,” she continued. “If I’m ultimately going to have to be in front of the state court judge when I clearly wanted to be in federal court…about affirming or rejecting the arbitrator’s award, then I may want to have a conversation with a client about arbitration.”
Federal court can be more seamless, Hoffman added.
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