Karl Hansen v. Tesla, Inc., et al.
Arbitration Securities TradeSecret EmploymentDiscrimina Privacy Jurisdiction JusticiabilityDoctri
Whether a confirmed arbitration award on related or overlapping claims may be given issue-preclusive effect so as to bar a Sarbanes-Oxley whistleblower claim, notwithstanding 18 U.S.C. § 1514A(e)'s explicit prohibition against forcing SOX claims into predispute arbitration
1. Whether a confirmed arbitration award on related or overlapping claims may be given issue-preclusive effect so as to bar a Sarbanes-Oxley (“SOX”) whistleblower claim, notwithstanding 18 U.S.C. § 1514A(e)’s explicit prohibition against forcing SOX claims into predispute arbitration. 2. Whether the court of appeals’ holding that an arbitration award confirmed by a district court triggers full preclusive effect over a statutorily nonarbitrable SOX claim contravenes the narrow rule set forth in Alexander v. Gardner-Denver Co., 415 U.S. 36 (1974) and reaffirmed in 14 Penn Plaza LLC v. Pyett , 556 U.S. 247 (2009), which bars arbitral preclusion of statutory claims that were never authorized for arbitration in the first place.