As we pile up the cardboard boxes that held holiday gifts for the recycling truck and select our new year’s resolutions for 2012, here are a few reflections on the last twelve months in arbitration law. I would summarize it as another year where the U.S. Supreme Court was playing whack-a-mole, trying to tamp
Twin Decisions From Florida Supreme Court Throw One-Two Punch at Nursing-Home Arbitration Agreements
The Supreme Court of Florida has moxie. It issued two new decisions the day before Thanksgiving which go out of their way to sidestep and distinguish the U.S. Supreme Court’s decision in Rent-A-Center, West v. Jackson, 130 S. Ct. 2772 (2010), in order to find that nursing home residents may not be compelled to
Has The Parade of Predicted Horribles From Rent-A-Center Come To Pass?
Just over a year has passed since the U.S. Supreme Court applied the severability doctrine in Rent-A-Center, West Inc. v. Jackson, 130 S. Ct. 2772 (2010), in such a way that Justice Stevens and three others dissented, raising the specter of “infinite layers of severability” and a parade of arbitrability horribles. A review of