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Second Circuit Finds Arbitration Agreement Is Enforceable with Scope of Claims Provision Severed
Roberts Disability Law 
Mar. 2, 2021 "The court explained that where provisions of an arbitration agreement operate as a prospective waiver of a party’s right to pursue statutory remedies, the agreement would be unenforceable as against public policy. But here, Aflac represented to the court that it would waive Paragraph 10.7.1 and it is judicially estopped from revoking the waiver." [American Family Life Assurance Company of New York v. Baker, No. 20-1435 (2d Cir. Mar. 1, 2021; unpub.)] |
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