Travelers v. Rosen Milliennium ORDER ON SUMMARY JUDGMENT (7687901x7AB84)

1st Amendment
Is a Demand for an Apology = Extortion? (Social Media & First Amendment:U.S. v. Hobgood)

In the song, “Hello,” Adele sings as a jilted lover, calling “a thousand times… to tell you I’m sorry.” It became a hit song in 2015. Contrast that with the facts of U.S. v. Hobgood, out of the Eighth Circuit, where the defendant had a brief romantic relationship with “KB,” …

Arbitration Mediation
Before Delegating Arbitrability to Arbitrator, Supreme Court Must Decide FAA Exclusions (New Prime, Inc. v. Oliveira)

The case of New Prime, Inc. v. Oliveira is the second arbitration / delegable / arbitrability question which the U.S. Supreme Court decided in a week. This case may have limited application to disputes involving transportation workers however it is worth discussing to ensure a clear understanding the delegation of …

Arbitration Mediation
“I Like Arbitration,” Says Justice Kavanaugh in His First Opinion on Arbitrability (Schein v. Archer & White)

Justice Kavanaugh issued his first Supreme Court opinion (unanimous) which helped streamline enforcement of arbitration AND provided contract-drafting lawyers some model arbitration language (which, as we’ll see, still needs some work). The question before the Court was whether a trial court could still decide the threshold question of “arbitrability” — …