News & Publications

Alabama Supreme Court’s Ruling Regarding In Vitro Fertilization And Its Impact On Fertilization Treatment Services Locally And Nationally

On 16 February 2024, the Supreme Court of Alabama published its opinion, "Supreme Court of Alabama, SC-2022-0515,"1 regarding whether embryos located outside the biological uterus are considered unborn children pursuant to Alabama's Wrongful Death of a Minor Act2 (the Act). The court held that the Act applies to all born and unborn children regardless of their location, which includes embryos created through in vitro fertilization (IVF). Therefore, under the Act, the court concluded a civil wrongful death [...]

Ninth Circuit Rules That Only Individual PAGA Claims Can Be Compelled To Arbitration

On May 10, 2024, the Ninth Circuit decided Yuriria Diaz v. Macy's West Stores, after the employer appealed the district court's decision ordering arbitration of both an employee's individual and non-individual claims under the California Private Attorney Generals Act (PAGA). The Ninth Circuit held that even though the arbitration agreement made no mention of PAGA, an employee's individual PAGA claim was still subject to arbitration because the parties' intended to arbitrate all employment disputes between them. [...]

Supreme Court Rules FAA Requires Courts To Grant Stay Requests After Compelling Arbitration

On May 16, 2024, the Supreme Court of the United States held that when a federal district court determines that claims in a lawsuit are subject to arbitration and a party requests a stay, the Federal Arbitration Act (FAA) requires the court to issue a stay pending arbitration and the court lacks the discretion to dismiss the lawsuit. Quick Hits The Supreme Court held that Section 3 of the FAA requires federal courts to grant [...]