Arbitration clauses, prejudicial delays, and one justice’s contract-law “nightmare”
SCOTUSBlog
MARCH 24, 2022
Before the Supreme Court, Morgan is arguing that courts cannot adopt special, arbitration-specific waiver standards: If state law normally does not require a showing of prejudice to establish waiver of a contractual right — and she argues Iowa law does not — courts also should not require prejudice before finding waiver in the arbitration context.
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