Digesting Epic Systems Corp. v. Lewis (2018), No. 16-285
Answer these questions in a sentence or two max, please. Limit your research to the SCOTUS digest and Justice Gorsuch’s majority opinion (first 25 pp.) in Epic Systems
1. Describe the legislative actions underlying Epic Systems. What was passed by which government, and when? (15)
Legislation title
Government
Year
Purpose
2. Identify the key contractual relationships underlying Epic Systems cases. Who are the parties, what is the exchanged consideration, what is the key agreement, what was the negotiation/offer/acceptance process? (10)
Contract
Parties
Consideration
Agreement
Negotiations
3. Organize the litigation paths leading up to Epic Systems decision. Who initiated a lawsuit, and in which court, followed by what appeal and review steps? (15)
Lawsuit
Trial
Appeal
Review
4. Describe the alternative dispute resolution efforts underlying Epic Systems. Who initiated what, and what was the outcome? (10)
5. Which of these common law precedents relied on by Justice Gorsuch was cited for the proposition that there was no conflict between the Arbitration Act and the Sherman Act because the Sherman Act made no mention of class actions and was adopted before Rule 23, Federal Rules of Civil Procedure, introduced its exception to the usual rule of individual dispute resolution? (5)
a. Owen v. Bristol Care, Inc., 702 F. 3d 1050 (CA8 2013)
b. AT&T Mobility LLC v. Concepcion, 563 U. S. 333 (2011)
c. American Express Co. v. Italian Colors Restaurant, 570 U. S. 228 (2013)
6. Which courts will have to follow the precedent set by Epic Systems? (20)
Bonus: Why did you choose those courts? (5)
7. Conjecture: what sorts of cases will cite Epic Systems in the future, and for what proposition? (20)
Type of future case
Future application of Epic Systems
