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On the heels of the decision by Fulton County Superior Court Judge Belinda E. Edwards in Leggett v. Wells Fargo Clearing Services, LLC, No. 2019CV328949 (Ga. Super Jan. 25, 2022), finding that the potential arbitrator list preparation process had been compromised, and subsequent calls by PIABA for Congressional and SEC investigations, two Democratic lawmakers have written to…

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With SCOTUS already set to review an FAA preemption challenge to California’s PAGA, the parties to a similar pending Certiorari Petition have agreed to hold the case in abeyance pending the outcome of the first case. We have reported many times on Iskanian v. CLS Transportation Los Angeles, LLC, 59 Cal.4th 348, 327 P.3d 129 (Calif. 2014), cert. den.,…

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With four arbitration-centric cases already slated for review this Term, and one Certiorari Petition awaiting imminent disposition, is SCOTUS about to take up yet another arbitration-related case? Stay tuned. As described in our recent feature article, After a Lull in 2021, a Busy Year Ahead Arbitration-wise for SCOTUS, 2021:48 Sec. Arb. Alert 1 (Dec. 23, 2021), the Supreme Court…

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Although Credit Suisse is held liable for negligent supervision, the Arbitrators nonetheless recommend expungement of the claimant broker’s record (who was “unnamed” in the sense that he was not named as a party in the underlying arbitration). The unanimous Award by an All-Public Panel in Marmaduke v. Credit Suisse Securities (USA) LLC, FINRA ID No. 18-02720…

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Passengers who had suffered no injury lacked Article III standing to challenge an arbitration clause in Amtrak’s Terms and Conditions. Amtrak’s passenger Terms and Conditions have since 2019 contained a predispute arbitration agreement applying to: “all claims, disputes, or controversies, past, present, or future, that otherwise would be resolved in a court of law or before a forum other than arbitration.”…

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