Game on! U.S. Supreme Court to review California anti-arbitration rule

Today, in the first order list of the 2015 Term, the Supreme Court granted certiorari in MHN Government Services, Inc. v. Zaborowski, in which the Ninth Circuit Court of Appeals applied a severability rule created by the California Supreme Court … Continue reading

Supreme Court rejects New Jersey arbitration case

New Jersey courts, along with those of California and Massachusetts, continually exhibit hostility to the freedom of contract, when that freedom is expressed in a contract to arbitrate consumer or employment disputes. Today, the Supreme Court denied certiorari in U.S. … Continue reading

President’s weekly report — February 27, 2015

Overcriminalization and the fishy abuse of Sarbanes-Oxley The United States Supreme Court issued a good decision in Yates v. United States, in favor of fisherman John Yates.  As described in our blog,  because Yates threw some undersized fish overboard after an inspection, … Continue reading

President’s weekly report — January 9, 2015

United States Supreme Court — awaiting orders in three of our cases We’re hoping for good news on Monday when the Court is set to issue orders in three of our cases: Stewart & Jasper Orchards v. Jewell (whether the … Continue reading

California versus the Supremacy Clause

In Iskanian v. CLS Transportation Los Angeles, LLC, the California Supreme Court once again displayed its ongoing hostility to arbitration contracts.  As we noted when the decision came down in June, the court bowed to the inevitable in acknowledging the … Continue reading

A new, and unconstitutional, approach to contract law

Patricia Atalese signed a contract with a financial services firm, in which she agreed that “any claim or dispute” between herself and the firm, related to the services provided, “shall be submitted to binding arbitration upon the request of either … Continue reading