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Based on Recent Cert Denials, SCOTUS Seems Less Interested in Arbitration in the Post-Scalia Era
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Those looking for a sign of how the post-Scalia Supreme Court will view arbitration issues may have gotten that sign – “not very interested” – based on recent denials of certiorari by the Court.

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Pro Se Plaintiff’s One-Page Pleading Perishes, Even as He Avoids Arbitration: Knaus v. Scottrade Inc.
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By David C. Franceski, Jr.

*Unless arbitrability is apparent from the face of the complaint, the issue cannot be decided on a F.R.C.P.

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One Bad IPO Spawns Two Contrary Expungement Decisions: Cremo v. Oppenheimer & Co., Inc.
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Cremo v. Oppenheimer & Co., Inc, FINRA ID #15-01548 (Los Angeles, CA, 3/31/16).

Unopposed expungement proceedings, by their very nature,

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Back to Fed Jur 101: Courts Remind us that Federal Arbitration Act does not Confer Independent Basis for Federal Jurisdiction
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By George H. Friedman*

[The author thanks the Securities Arbitration Commentator for letting him borrow liberally from its Securities Arbitration Alert]

Arbitration law practitioners sometimes forget that the Federal Arbitration Act (“FAA”) does not by itself establish independent federal subject matter jurisdiction.

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Court Eschews Bright Line Test of Consideration for Non-Solicit Clause: R.J. O’Brien & Assoc., LLC v. Williamson
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By Sarah G. Anderson

In Illinois, the test for whether a non-solicitation agreement is supported by sufficient consideration to enforce against an employee at will is a fact-specific inquiry,

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Seventh Circuit Affirms Sgouros: PDAA in Terms of Service Not Valid Where Notice Was Not Clear to Users
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In early 2015, we covered  Sgouros v. TransUnion, Corp., No. 14 C 1850 (N.D. Ill. Feb. 5, 2015), where the Court refused to enforce an online predispute arbitration agreement (“PDAA”) contained in “clickwrap” or “browsewrap” Terms of Service (“TOS”) because there wasn’t clear notice of the TOS (see SAA 2015-08).

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