Class Action Waiver Update: Will A Switch In Time Persuade Nine?

It was no surprise when, on June 16, 2017, numerous business and employer groups (including several represented by Ogletree Deakins) filed over a dozen amicus briefs supporting the employers in the three class action waiver cases pending in the Supreme Court of the United States: National Labor Relations Board v. Murphy Oil USA, Inc., Epic Systems Corp. v. Lewis, and Ernst & Young LLP v. Morris.

But it was surprising that one of those amicus briefs supporting the employers was filed by the United States Solicitor General. This was unexpected because, up to that time, the Solicitor General had been counsel of record representing the National Labor Relations Board (NLRB) opposing the employers' position.  What a difference a few months and a new administration make. And what a positive development for employers to have such an influential advocate on their side.