“The Oklahoma Supreme Court must abide by the Federal Arbitration

Question
“The Oklahoma Supreme Court must abide by the Federal Arbitration Act, which is the ‘Supreme Law of the Land.’” —Per Curiam  Facts: Eddie Howard and Shane D. Schneider worked as employees of Nitro-Lift Technologies, L.L.C. Nitro-Lift provides services to oil and gas well operators to enhance their products. Howard and Schneider entered into a noncompetition agreement with Nitro-Lift whereby they agreed that they would not work for a competitor of NitroLift’s for a stated period of time after they left Nitro-Lift’s employment. The agreement contained an arbitration clause wherein the parties agreed to submit any contract dispute to arbitration. When Howard and Schneider quit and began working for Nitro-Lift’s competitors, Nitro-Lift served the two men with a demand for arbitration to enforce the noncompetition agreement. Howard and Schneider filed a lawsuit in Oklahoma state court asking the court to declare the noncompetition agreement null and void. The Oklahoma trial court dismissed the plaintiffs’ complaint and ordered arbitration. The Oklahoma supreme court held that the state court, and not an arbitrator, should hear and decide the dispute. The Oklahoma court held that the noncompetition agreements were null and void. Defendant Nitro-Lift appealed to the U.S. Supreme Court.  Issue: Is the contract dispute between the parties subject to arbitration?  Language of the U.S. Supreme Court: State courts rather than federal courts are most frequently called upon to apply the Federal Arbitration Act (FAA), including the Act’s national policy favoring arbitration. By declaring the noncompetition agreements in two employment contracts null and void, rather than leaving that determination to the arbitrator in the first instance, the state court ignored a basic tenet of the Act’s substantive arbitration law. The Oklahoma Supreme Court must abide by the FAA, which is “the Supreme Law of the Land.”  Decision: The U.S. Supreme Court held that the contract dispute in the case was to be heard by the arbitrator and not by the Oklahoma state court. The U.S. Supreme Court vacated the decision of the Oklahoma supreme court.  Ethics Questions: Why do companies place arbitration clauses in their employment contracts? Why did the plaintiffs want their case heard in state court?
Place your order
(550 words)

Approximate price: $22

Calculate the price of your order

550 words
We'll send you the first draft for approval by September 11, 2018 at 10:52 AM
Total price:
$26
The price is based on these factors:
Academic level
Number of pages
Urgency
Basic features
  • Free title page and bibliography
  • Unlimited revisions
  • Plagiarism-free guarantee
  • Money-back guarantee
  • 24/7 support
On-demand options
  • Writer’s samples
  • Part-by-part delivery
  • Overnight delivery
  • Copies of used sources
  • Expert Proofreading
Paper format
  • 275 words per page
  • 12 pt Arial/Times New Roman
  • Double line spacing
  • Any citation style (APA, MLA, Chicago/Turabian, Harvard)

Our guarantees

Delivering a high-quality product at a reasonable price is not enough anymore.
That’s why we have developed 5 beneficial guarantees that will make your experience with our service enjoyable, easy, and safe.

Money-back guarantee

You have to be 100% sure of the quality of your product to give a money-back guarantee. This describes us perfectly. Make sure that this guarantee is totally transparent.

Read more

Zero-plagiarism guarantee

Each paper is composed from scratch, according to your instructions. It is then checked by our plagiarism-detection software. There is no gap where plagiarism could squeeze in.

Read more

Free-revision policy

Thanks to our free revisions, there is no way for you to be unsatisfied. We will work on your paper until you are completely happy with the result.

Read more

Privacy policy

Your email is safe, as we store it according to international data protection rules. Your bank details are secure, as we use only reliable payment systems.

Read more

Fair-cooperation guarantee

By sending us your money, you buy the service we provide. Check out our terms and conditions if you prefer business talks to be laid out in official language.

Read more