And the Split Goes On … Another Circuit Weighs in on Whether 28 USC Section 1782 Provides for Discovery in Aid of Private, Foreign, Commercial Arbitration. Seventh Circuit Panel (Not Judge Barrett) Says “No.” So Does D. Del. for A Second Time
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By George H. Friedman, SAA Publisher & Editor-in-Chief

Joining the Second and Fifth Circuits, the Seventh Circuit holds that 28 USC Section 1782 does not provide for discovery in aid of private,

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Based on a Very Limited Sampling, the Jury is Out on Judge Coney Barrett’s Arbitration Views, Although She Seems to Lean Pro-arbitration. And She Appears to Like FINRA Dispute Resolution
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By George H. Friedman, SAA Publisher and Editor-in-Chief

As expected, President Trump on September 26 nominated Judge Amy Coney Barrett of the Seventh Circuit to fill the open seat at the Supreme Court resulting from the passing of Justice Ruth Bader Ginsburg.

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Fifth Circuit Applies “Look Through” Standard to Removal of Case Seeking to Vacate FINRA Award Under FAA
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The Fifth Circuit holds that the District Court was correct when it applied the “look through” standard to determine that it had jurisdiction to remove a State Court action to vacate an Award.

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Langille v. Berthel Fisher & Company Financial Services, Inc.
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By Paul J. Dubow

*In California, when damages are an element of a cause of action, the cause of action does not accrue until the damages have been sustained.

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Certiorari Sought for Review of Fifth Circuit’s Ruling Interpreting a PDAA To Provide for a Nine-Arbitrator Panel
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By Theodore Ryan

SCOTUS is being asked to take up whether to let stand a decision upholding a large Award issued by a numerically unbalanced panel.

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Valelly v. Merrill Lynch, Pierce, Fenner & Smith, Inc.
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By James L. Komie

The terms and conditions of an electronically signed account agreement were “reasonably conspicuous” and thus binding on the customer even though she had to scroll down the page to see the relevant terms.

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