Law, Strategy, and Risk in Commercial Disputes
About 76 years ago, President Franklin D. Roosevelt hatched a plan for bending to his will a recalcitrant and obstructive (by his lights) U.S. Supreme Court. The Court at the time consisted of seven Republican appointees and two Democratic ones.
As the Senate Committee on the Judiciary explains what happened:
To counter the impact of the Court's decisions
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Does the federal Arbitration Act allow you to appeal an arbitrator's award to a federal court of appeals, skipping the district court? What if the other side agreed to the direct appeal thing?
The Ninth Circuit held in Johnson v. Wells Fargo Mortgage, Inc., No. 09-15937 (9th Cir. Feb. 15, 2011), that the Act bars…