Citing SCOTUS Precedent, Vermont Supreme Court Holds FAA Applies and Preempts State Law
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By George H. Friedman, SAA Publisher & Editor-in-Chief

In a case of first impression, the Vermont Supreme Court in a unanimous 5-0 holding – with two “reluctant” occurrences – finds that: 1) the Federal Arbitration Act (“FAA”) is to be construed broadly as to interstate commerce;

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We Called It! SCOTUS Rules that FAA Preempts Kentucky Rule of Law Impinging on Arbitration Agreements
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The Supreme Court ruled on May 15th that a Kentucky rule of law requiring that a power of attorney specifically authorize agreements to arbitrate was preempted by the Federal Arbitration Act (“FAA”).

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Kentucky Ruling Against Arbitration Goes to US Supreme Court: Extendicare Homes, Inc. v. Whisman
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By George H. Friedman

A power of attorney must expressly refer to arbitration agreements before the attorney-in-fact can bind its principal to an arbitration agreement.

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Zola Accuses Brokerage of Less Than Best Execution; Court Makes a Federal Case of It: Zola v. TD Ameritrade, Inc.
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By William D. Nelson

*In determining whether SLUSA applies, a court looks at the substance of the allegations, based on a fair reading of them.

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SCOTUS Rules In DIRECTV Case that FAA Does Not Permit Parties To Agree To Application of State Law Preempted by the FAA
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The Supreme Court in a 6-3 decision holds in DIRECTV v. Imburgia, No. 14-462 (Dec. 14, 2015), that, while parties can agree to application of state law in their arbitration agreement,

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