Quotes · Quote card
Quotation from Shearson/American Express Inc. v. McMahon by Supreme Court of the United States
“The burden is on the party opposing arbitration, however, to show that Congress intended to preclude a waiver of judicial remedies for the statutory rights at issue.”
Shearson/American Express Inc. v. McMahon, Opinion of the Court (Justice O'Connor), Part II (U.S. Reports text (Legal Information Institute))
Justice O'Connor sets out the framework for deciding whether a statutory claim may be arbitrated.
Citation: "The burden is on the party opposing arbitration, however, to show that Congress intended to preclude a waiver of judicial remedies for the statutory rights at issue." — Supreme Court of the United States, Shearson/American Express Inc. v. McMahon, Opinion of the Court (Justice O'Connor), Part II (U.S. Reports text (Legal Information Institute)). (id shearson-american-express-v-mcmahon-q1)
Portrait: Sandra Day O'Connor crop, Library of Congress (Transferred by Sven Manguard,, Public domain.
