Federal Court Eschews Jurisdiction Over State Enforcement Proceeding: Enforcement Section of the Massachusetts Securities Division v. Scottrade, Inc.
on

By Paul J. Dubow

*Under the federal ingredient doctrine, a well-pled complaint arises under the laws of the United States if a state law cause of action “requires resolution of a substantial question of federal law”

...Read More

Post Image
California Supreme Court Agrees To Review Case Holding FAA Preempts California’s “Broughton-Cruz Rule” Barring PDAAs Of Consumer Claims
on

We covered previously McGill v. Citibank, NA, 232 Ca4th 753 (Dec. 18, 2014), where the California Court of Appeal ruled that the Federal Arbitration Act preempts application of the state’s “Broughton-Cruz Rule,” holding that arbitration provisions are unenforceable as against public policy if they require arbitration of injunctive relief claims brought for the public’s benefit under certain state consumer protection laws (see SAA 2015-01).

...Read More

Post Image
SCOTUS Grants Cert. in another Class Action Waiver Case: Now What?
on

By George H. Friedman*

For those who thought the Supreme Court in AT&T Mobility LLC v. Concepcion, 131 S.

...Read More

Post Image
2014: The Year of Arbitrator Authority
on

By Liz Kramer*

[This article was originally published on December 31st in Ms. Kramer’s blog at Arbitration Nation,

...Read More

Read Our Recent Blog