TBA Law Blog


Posted by: Katharine Heriges on Oct 29, 2018
The U.S. Supreme Court has already heard three arguments in cases involving the Federal Arbitration Act this term, and the liberal-leaning members of the court are showing signs of skepticism of the court’s pro-arbitration momentum. Law.com reports that two arguments heard yesterday featured the liberal justices asking many questions, including over whether state law can be used to authorize class arbitration when an arbitration agreement is silent on the subject, as well as an amusing question from Justice Stephen Breyer about whether an exception to an arbitration claim would apply even if someone says their claim “is that a Martian told me to do it.”