Skip to content

Menu

LexBlog, Inc. logo
NetworkSub-MenuBrowse by SubjectBrowse by PublisherJoin the NetworkGet StartedSubscribeSupportContact
Search
Close

Supreme Court Summarily Reverses State Court For Failure To Follow High Court’s Arbitration Precedents

By Archis A. Parasharami on November 26, 2012
Email this postTweet this postLike this postShare this post on LinkedIn

We usually don’t report on Supreme Court cases that don’t involve class action issues. That said, regular readers of the blog know that the enforceability of arbitration agreements has become a critical issue in class action defense. For that reason, we wanted to apprise you of the Supreme Court’s latest arbitration decision in Nitro-Lift Technologies, L.L.C. v. Howard.

In Nitro-Lift, the Supreme Court summarily reversed a decision of the Oklahoma Supreme Court that had invalidated non-compete clauses contained in a pair of employment contracts that contained an arbitration provision. As the Supreme Court explained, the Oklahoma Supreme Court “acknowledged” the relevant U.S. Supreme Court cases holding that the FAA requires attacks on provisions other than the arbitration clause itself to be submitted to arbitration, “but chose to discount these controlling decisions.” (Please see our longer summary of Nitro-Lift here.)

Nitro-Lift is the third time that the Supreme Court has summarily reversed a state court’s decision in the past two Terms for a failure to follow the Supreme Court’s controlling precedents. (The first was KPMG LLP v. Cocchi, and the second was Marmet Health Care Center, Inc. v. Brown, in which my colleagues and I represented one of the petitioners.) Once again, the Court was emphatic in explaining that state courts “must abide by the FAA, which is ‘the supreme Law of the Land,’ U. S. Const., Art. VI, cl. 2, and by the opinions of this Court interpreting that law.”

The lesson for state courts is clear: Follow the Supreme Court’s decisions interpreting the FAA. The decision also highlights a key point for defendants: It is critical to raise and preserve arguments under the FAA. Hopefully, state courts will honor the Supreme Court’s precedents, but if they fail to do so, the U.S. Supreme Court has shown a willingness to push back when state courts engage in blatant disregard of federal law.

Photo of Archis A. Parasharami Archis A. Parasharami

Archis A. Parasharami, a litigation partner in Mayer Brown’s Washington DC office, is a co-chair of the firm’s Consumer Litigation & Class Actions practice, recently named by Law360 as one of the top five class action groups of the year. He also is…

Archis A. Parasharami, a litigation partner in Mayer Brown’s Washington DC office, is a co-chair of the firm’s Consumer Litigation & Class Actions practice, recently named by Law360 as one of the top five class action groups of the year. He also is a member of the firm’s Supreme Court & Appellate practice.

Archis routinely defends businesses in class action litigation in federal and state courts around the country. He brings substantial experience to all aspects of complex litigation and class actions, with a particular focus on strategy issues, multidistrict litigation, and critical motions seeking the dismissal of class actions or opposing class certification. He also has helped businesses achieve settlements on highly favorable terms in significant class actions. Archis frequently speaks on developments in the class action arena, and has been quoted on a number of occasions in the National Law Journal, Corporate Counsel, and the Wall Street Journal Law Blog.

Read Archis’ full bio.

Read more about Archis A. ParasharamiEmail
Show more Show less
  • Posted in:
    Class Action & Mass Torts
  • Blog:
    Class Defense Blog
  • Organization:
    Mayer Brown
  • Article: View Original Source

Call us at 1-800-913-0988 or email sales@lexblog.com.

Facebook LinkedIn Twitter RSS
The Library at LexBlog
  • About LexBlog
  • The Field We Built
  • Library at LexBlog
  • Our Beliefs
  • Our Team
  • Contact LexBlog
  • Disclaimer
  • Editorial Policy
  • Terms of Service
  • Get Started
  • Publishing Solutions
  • Compass
  • Submit a Request
  • Support Center
  • System Status
Copyright © 2026, LexBlog, Inc. All Rights Reserved.
Law blog design & platform by LexBlog LexBlog Logo