Unanimous Kentucky Supreme Court: Variable Annuity is Not an Insurance Product, but A Fixed Annuity is. PDAA in the Latter is Therefore Unenforceable
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By George H. Friedman, SAA Publisher & Editor-in-Chief 

While the arbitration agreement in a variable annuity was enforceable because the investment was a security,

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After a Lull in 2021, a Busy Year Ahead Arbitration-wise for SCOTUS
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By George H. Friedman*

SAA Publisher and Editor-in-Chief & Chairman of the Board – Arbitration Resolution Services

We entered 2021 with SCOTUS poised to again rule on delegation after hearing oral argument late in 2020.

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SCOTUS on Henry Schein II Certiorari Grant: “Never Mind!”
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By George H. Friedman, SAA Publisher & Editor-in-Chief

The Supreme Court has reversed in a summary dismissal its decision to grant Certiorari in its second look at Henry Schein,

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Contracts of Adhesion and Securities Arbitration: How FINRA Attempts to Mitigate Harm to Investors
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By Christian Mercado*

Introduction

The securities industry is an example of one attempting to mitigate equity concerns surrounding arbitration agreements contained in contracts of adhesion.

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SCOTUS Review Sought of Split Ninth Circuit Decision Holding that FAA Section 1 Carveout Does Not Require that Worker Have Moved Goods Across State Lines
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By George H. Friedman, SAA Publisher & Editor-in-Chief

As we’ve suggested every time we report on this issue, the Supreme Court is being asked to review whether FAA section 1 exempts from coverage only workers actually moving goods or people in interstate commerce.

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Update on Split Ninth Circuit Decision Affirming Denial of a Motion to Compel Arbitration: Rehearing En Banc Sought
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By George H. Friedman, SAA Publisher & Editor-in-Chief

DIRECTV is seeking a rehearing en banc on a split Ninth Circuit decision that had denied its Motion to compel arbitration.

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