Karl Hansen v. Tesla, Inc., et al.
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.
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