The company's best-known hardware products include Macintosh computers, the iPod, the iPhone and the iPad. Apple software includes the Mac OS X operating system; the iTunes media browser; the iLife suite of multimedia and creativity software; the iWork suite of productivity software; Aperture, a professional photography package; Final Cut Studio, a suite of professional audio and film-industry software products; and Logic Studio, a suite of audio tools.
An epic day for employers in arbitration case? The conflict among the justices could be captured by two exchanges this morning. Justice Stephen Breyer, on the other hand, had a very different concern: Morris and National Labor Relations Board v.
Murphy Oil USAthere were opening-day ceremonies to deal with. The FAA indicates that arbitration agreements should be enforced unless there is a clear contrary command from Congress, which is not present here.
Clement countered that the NLRA was only intended to protect collective action in the workplace, and to allow employees to get to a forum in which to raise their grievances with the employers. But once an employee arrives at that forum, an employer can raise any defenses that it may have, such as the fact that the employee had agreed to arbitrate any disputes individually.
Clement pushed back, characterizing arbitration provisions like the kind before the court as an agreement between an employer and an employee rather than a waiver. But, once again, Ginsburg was unpersuaded. Wall pushed back, telling Ginsburg that the Supreme Court had already rejected exactly those arguments in its earlier cases.
And several justices seemed puzzled after Roberts asked Griffin to weigh in on a hypothetical agreement that required an employee to arbitrate any work-related disputes, in an arbitration forum that would allow collective arbitration only when there are at least 50 employees joining the arbitration.
Griffin told the chief justice that such an agreement would not run afoul of the NLRA, because the restriction on collective proceedings would come from the rules of the forum, rather than the agreement itself.
Justice Samuel Alito tested Griffin some more, asking him whether his answer would change if the rules of the arbitration forum barred class arbitration outright. When Griffin indicated that it would not, Alito seemed to think that Griffin was trying to draw a distinction without a difference.
He repeated this argument a few minutes later in response to a question from Alito, telling the court that an employee just needs to have some right to joint action. Sotomayor also chimed in, asking Clement how an employee could bring a claim that, for example, relied on how an employer had treated many employees over time.
Clement is not likely to get the votes of any of the four more liberal justices. He seems to have three of those votes — Roberts, Kennedy and Alito — but the two remaining justices — Justices Clarence Thomas and Neil Gorsuch — were silent today.
Thomas has voted in favor of a broader reading of the FAA in earlier cases, but Gorsuch is harder to read.Email Statistics Report, – Executive Summary Copyright May The Radicati Group, Inc.
Reproduction Prohibited 2 METHODOLOGY. EXECUTIVE SUMMARY This is a marketing overview of one of the most valuable companies in the world – Apple, Inc.
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