Legal Brief

Johnson v. Best Buy Company, Inc.

Legal Brief

Michigan Supreme Court

Date: September 8, 2026

RLC’s Position: The RLC’s brief argues that (1) extending heightened scrutiny to employment arbitration agreements would improperly single out arbitration for disfavored treatment, contrary to the FAA’s equal-footing rule, and (2) applying heightened scrutiny would also undermine arbitration’s practical benefits, increasing litigation costs and uncertainty for Michigan businesses, particularly small businesses.

Counsel: Conor Dugan & team of Southbank Legal drafted the brief.

Coalition: The RLC was joined by the U.S. Chamber of Commerce, the Michigan Retailers Association, the Michigan Chamber of Commerce, and the National Federation of Independent Businesses Legal Center.