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The James Frank Story Revisited: Ninth Circuit Vacates Tainted Award As Fundamentally Unfair
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We covered this story on the arbitration side when it first broke in early 2014 (SAA 2014-12); this coming week, we will cover the legal side in full in SAC’s weekly online Litigation Alert (aka SOLA),

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JAMS Award Survives Multiple Objections in Federal Circuit Court: Cooper v. WestEnd Capital Management, L.L.C.
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By Jack D. Ballard

*A forum has no duty to disclose that one of its arbitrators, not assigned to the case at issue,

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California Legislature Passes Three Bills Impacting Arbitration. Two Signed, One Vetoed By Governor Brown
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The California Legislature late this summer passed and sent to the Governor three bills aimed at regulating consumer and employment arbitration. On September 25th a busy Governor Brown signed two of the bills into law and vetoed one as not necessary.

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Another Court Embraces The “Reasonableness” Standard For Proving “Evident Partiality” Under the FAA. “Repeat Player” Challenge Rejected.
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Neither past service as arbitrator in a previous case involving one of the parties (which was disclosed to the parties), nor the number of cases that party had with the arbitration provider (which was not disclosed to the parties),

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Like Rodney Dangerfield, Commonwealth Coatings “Don’t Get No Respect” – and it Shouldn’t!
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By George H. Friedman*

[This is a summary of the lead article in this month’s Securities Arbitration Commentator]

Introduction

As reported in the June 18th issue of the Securities Arbitration Alert,

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FINRA Speaks: Dealing With Disclosure Issues On Pending Cases When Ranking Arbitrators
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As we and others have stated in public comments on SR-FINRA-2014-028, we worry about the impact of the proposed new classification rules on the Public Arbitrator roster at FINRA.

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