This post first appeared on the Securities Arbitration Alert blog. The blog’s editor-in-chief is George H. Friedman, Chairman of the Board of Directors for Arbitartion Resolution Services, Inc. The California Supreme Court has agreed to review a case on FAA preemption of California Code of Civil Procedure sections 1281.97 and 1281.98. We covered in SAA 2024-11 (Mar. 14) Hohenshelt v. Superior Court, No….
This post first appeared on the Securities Arbitration Alert blog. The blog’s editor-in-chief is George H. Friedman, Chairman of the Board of Directors for Arbitartion Resolution Services, Inc. An All-Public Panel dismisses with prejudice a group of customers’ claims against Respondent broker-dealer and imposes monetary sanctions in the form of attorney fees pursuant to FINRA Rules 12212(c) and 12511…
This post first appeared on the Securities Arbitration Alert blog. The blog’s editor-in-chief is George H. Friedman, Chairman of the Board of Directors for Arbitartion Resolution Services, Inc. The Consumer Financial Protection Bureau (“CFPB”) on June 4 issued a circular warning on the use of deceptive terms in contracts for consumer financial products or services, with arbitration featured as a prime…
This post first appeared on the Securities Arbitration Alert blog. The blog’s editor-in-chief is George H. Friedman, Chairman of the Board of Directors for Arbitartion Resolution Services, Inc. The Supreme Court holds 7-2 that the CPPB’s funding mechanism does not violate the Constitution’s Appropriations Clause. We reported in SAA 2023-10 (Mar. 9) that the Supreme Court had granted Certiorari in Community Financial…
This post first appeared on the Securities Arbitration Alert blog. The blog’s editor-in-chief is George H. Friedman, Chairman of the Board of Directors for Arbitartion Resolution Services, Inc. A unanimous Court holds in Smith v. Spizzirri, No. 22-1218, that under Federal Arbitration Act (“FAA”) section three, courts compelling arbitration must stay but cannot dismiss the underlying litigation. As reported in SAA 2024-18 (May…
This post first appeared on the Securities Arbitration Alert blog. The blog’s editor-in-chief is George H. Friedman, Chairman of the Board of Directors for Arbitartion Resolution Services, Inc. The Department of Labor’s (“DOL”) final fiduciary rule has been published; it goes into effect September 23. We borrow heavily from our previous reporting. As reported in SAA 2023-42 (Nov. 8),…
This post first appeared on the Securities Arbitration Alert blog. The blog’s editor-in-chief is George H. Friedman, Chairman of the Board of Directors for Arbitartion Resolution Services, Inc. As reported in SAA 2023-36 (Sep. 21), the June 2023 Petition for Certiorari states: “This case presents a clear and intractable conflict regarding an important statutory question under the Federal Arbitration Act (FAA), 9 U.S.C. 1-16.[]…
This post first appeared on the Securities Arbitration Alert blog. The blog’s editor-in-chief is George H. Friedman, Chairman of the Board of Directors for Arbitartion Resolution Services, Inc. FINRA has begun to post expungement-related stats on its Website. For as long as we can remember, arbitrator-recommended expungement has been a topic of interest in the financial services field, and…
This post first appeared on the Securities Arbitration Alert blog. The blog’s editor-in-chief is George H. Friedman, Chairman of the Board of Directors for Arbitartion Resolution Services, Inc. A unanimous Court holds in Bissonnette v. LePage Bakeries Park St. LLC, No. 23-51, that the Federal Arbitration Act (“FAA”) section one exemption does not require that the worker be engaged in the…
This post first appeared on the Securities Arbitration Alert blog. The blog’s editor-in-chief is George H. Friedman, Chairman of the Board of Directors for Arbitartion Resolution Services, Inc. Certiorari has been denied in Grupo Unidos por el Canal, S.A. v. Autoridad del Canal de Panama, 78 F.4th 1252 (11th Cir. 2023), a case we covered in SAA 2023-34 (Sep. 7) and…