image_print
image_print

Just as we went to press came word that, based on statutory construction, the Supreme Court has decided Badgerow v. Walters, No. 20-1143, ruling 8-1 that the “look through” doctrine does not apply to actions to confirm or vacate an arbitration award under sections 9 and 10 of the Federal Arbitration Act (“FAA”), even though it does for motions to…

image_print

Just a reminder that SCOTUS will be hearing oral arguments on two cases involving arbitration. We reported in December that the Supreme Court had granted Certiorari in four cases involving arbitration. Then SAA 2022-04 (Feb. 3) advised that the Court had set the cases for oral argument during the last two weeks of March. The oral argument calendar released by SCOTUS…

image_print

President Biden on March 3 signed into law the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act. It became effective immediately. This article explores the features of the new law, potential problems, and how it might impact financial services arbitration. In sum: 1) employees/class reps can opt out of PDAAs and class action waivers in cases…

image_print

President Biden on February 23 nominated Ketanji Brown Jackson to replace the retiring Supreme Court Justice Breyer, a White House Press Release announced. Judge Brown Jackson was appointed by President Obama in 2013 to the U.S. District Court for the District of Columbia, and by President Biden last year to the Court of Appeals for the District of Columbia Circuit (to fill the seat vacated by Merrick B….

image_print

Just as we were finalizing the last Alert, we learned that a Georgia Trial Court had vacated a FINRA Award based on multiple Federal Arbitration Act (“FAA”) grounds. Here is the promised expanded analysis. We reported briefly on this one in SAA 2022-04 (Feb. 3), focusing mostly on the assertions that the potential arbitrator list preparation…

Page 3 of 46 1 2 3 4 5 46