of actions. In California, as demonstrated by Davis v. Shiekh Shoes and Espinoza v. Superior Court, a party wishing to compel arbitration though failing to pay arbitration fees in a timely manner waives their right to compel arbitration, and must resolve the dispute in court. More importantly, the Supreme Court found in Morgan v. Sundance that a party which does not compel arbitration when a valid clause exists waives its right to compel arbitration. Justice Elena Kagan, writing for the court's unanimous ruling in favor of hourly Taco Bell employee Robyn Morgan, found that the Eighth Circuit created "special rules" in which Morgan was compelled to arbitrate based on Sundance's prejudice (delay) of compelling arbitration. Unbearable arbitration fees Arbitration clauses can be void in instances where the costs of arbitration would be too high. In 1999's Shankle v. B-G Maintenance Management of Colorado, Inc, the 10th Circuit Court of Appeals refused to grant a motion to compel arbitration on the basis that the fees were too high for the plaintiff Matthew Shankle. The Texas Courts of Appeals found in 2022's Cont'l Homes of Texas v. Perez that due to unaffordable arbitration costs for the plaintiffs and the arbitration agreement not being an adequate remedy for litigation. Other challenges In 2014's Atalese v. U.S. Legal Services Group, L.P, the Supreme Court of New Jersey ruled that arbitration clauses must have a valid jury trial waiver, which the court saw as a constitutional right which must be explicitly waived in a contract, in order to be effective, a position reaffirmed by Pennsylvania's Superior Court in 2022's Chiluti v. Uber. The Federal Arbitration Act also explicitly provides that workers involved in transportation are exempt from arbitration agreements, which the Supreme Court unanimously reaffirmed in various cases, 2022's Southwest Airlines v. Saxon. In 2023, a federal court in Delaware recommended that motions to compel arbitration which conflicted with the Employee Retirement Income Security Act of 1974 not be honored in Burnett et all v. Prudent Financial Services LLC, et all (C.A. No. 22-270-RGA-JLH). Presiding magistrate judge Jennifer Hall interpreted that based on recent action by the Supreme Court and other federal courts, not every provision within the arbitration agreement should be validated. Additionally, Judge Hall prospected that entire arbitration agreements could become invalid if a single provision is found to be unenforceable by a court. Acts of Congress In 2022, the U.S. Congress passed