Jay P. Krupin and Stuart M. Gerson were quoted in a Law360 review of the U.S. Supreme Court’s 2009-2010 session. The article, “High Court’s Latest Term A Mixed Bag For Employers,” by Jocelyn Allison (http://employment.law360.com/articles/179758), reviewed recent decisions in terms of their positive or negative impact on employers.
In contrast to the high court’s previous term, the session just ended had fewer pro-employer rulings, and an ideological bias is difficult to identify among the decisions, the article suggests. Mr. Krupin, Chair of the Firm’s National Labor Practice, said “I think the court is taking a more strict constructionist approach and not so much worrying about the effect as strictly construing the statute.”
The high court’s support for adherence to arbitration agreements was more clear, as the article shows. Mr. Gerson, a Member of the Firm and former Acting Attorney General of the United States, commented that “The conservative majority is trying to narrow litigation. … That’s going to trend for a couple of terms, and I think one will see that you need a case to get through the courthouse door, and that’s a thread that the court continues to weave.”