A resource for litigators, in-house counsel, and arbitrators
Two posts on arbitration law in one day! What?!? Is it your birthday?
No, no. (Well, maybe. And if so, happy birthday!) It’s just that I finished reading what I think are the three most significant and fascinating arbitration cases to be decided so far this year. I’m so excited that I had to write…
SCOTUS announced today that it would not review the Third Circuit’s decision in Strine v. Delaware Coalition for Open Government, Inc, holding that Delaware’s Chancery Court could not offer its judges’ services as neutral arbitrators in its courtrooms, unless those arbitrations were open to the public. Therefore, that decision is final and Delaware will now…
More than one year ago, a three-judge panel of the Ninth Circuit determined that California case law, which precluded arbitration of claims asking for public injunctive relief, was preempted by the Federal Arbitration Act. Upon rehearing the case en banc, the Court backpedaled. Kilgore v. KeyBank Nat’l Assoc., __ F.3d __,…