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Arbitration Law Memo
February 25, 2006 by Ross Runkel at LawMemo

Arbitration Law Memo is a freebie. On the web. By email. RSS feed. Get it here.

The February edition has some interesting stuff.

• From the US Supreme Court, the holding that it still is the arbitrator, not the court, that decides whether a contract that contains an imbedded arbitration agreement is legal - void, or voidable.
• From California, a holding that class action waiver clauses are lawful if properly agreed to.
• From the 9th Circuit, a holding that an ERISA subscriber is not bound by an arbitration clause in the contract between the ERISA Plan and its investment advisor.
• A 6th Circuit opinion that urges the whole (en banc) 6th Circuit court to rehear a case and to re-examine that Circuit's standards for overturning a grievance arbitration award.
• And, amazingly, an arbitration award overturned because the arbitrator used Arbitrator Carroll Daugherty's seven elements of "just cause" instead of the Black's Law Dictionary definition.

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