The U.S. Supreme Court ruled in Morgan v. Sundance, Inc., 596 U.S. ___, 2022 WL 1611788 (May 23, 2022), that in order to find a waiver of a litigant’s right to arbitrate, federal law does not require conduct that has prejudiced the other party. In a unanimous opinion authored by Justice Kagan, the Court reversed the Eighth Circuit Court of Appeals and held that it was an error to condition a waiver of the right to arbitrate on a showing of prejudice. The Court held that the Federal Arbitration Act (“FAA”) policy favoring arbitration “is about treating arbitration contracts like all others” rather than “fostering arbitration,” and therefore does not authorize federal courts to “create arbitration-specific variants of federal procedural rules, like those concerning waiver,” or “devise novel rules to favor arbitration over litigation.” The Court observed that waiver does not require a showing of prejudice outside the arbitration context, and determined that by directing federal courts to treat arbitration applications “in the manner provided by law,” the text of the FAA “makes clear” that “courts are not to create arbitration-specific procedural rules.”