On Monday, the United States Supreme Court reminded the Oklahoma Supreme Court who is boss when it comes to the Federal Arbitration Act. In Nitro-Lift Technologies, LLC v. Howard, 2012 WL 5895686 (U.S. Nov. 26, 2012), SCOTUS declared “It is a matter of great importance [] that state supreme courts adhere to a correct
severability doctrine
11th Circuit Finds Not All Formation Challenges Are Created Equal (Some Go Straight To Arbitrator)
By Liz Kramer on
The severability doctrine of federal arbitration law tells litigants that unless they can specifically challenge the validity of the arbitration provisions of the contract, as opposed to challenging the entire contract, the courts will not address the merits of the challenge. (See entire line of increasingly harsh cases starting with Prima Paint and continuing…