I am a true arbitration nerd. But, when SCOTUS takes a THIRD arbitration case for its upcoming term, I wonder if the Justices are more obsessed with arbitration than I am. (Reminder of the other two here.) If they hear about the same total number of cases as this year (69), arbitration will make up more than 4% of their docket. Now, 4% isn’t huge. For reference, intellectual property cases made up less than 4% of cases filed in federal district courts last year, and there were three I.P. cases decided by SCOTUS (two on inter partes review and the WesternGeco case). At least I.P. cases have a category in the annual judiciary report, though. That’s more than arbitration can say. And still, it has three cases before the Supremes.
Enough stats, what is this case? It is Henry Schein Inc. v. Archer and White Sales Inc., in which SCOTUS is going to resolve the circuit split over the “wholly groundless” doctrine. Given how the NLRB decision just came out, I don’t think I’m stepping too far out on a limb if I predict: “wholly groundless” will be grounded. (Maybe even “grounded wholly?” Seriously, there has got to be some good word play possible, but I am too tired from watching the World Cup to develop it.) Put simply, that doctrine will not stand in the way of any future delegation clauses.
(Thanks to Mark Kantor for being the first to tell me certiorari was granted in this case.)
Switching gears, there are three new decisions from state high courts on the arbitrability of claims against nursing homes. Two enforce the arbitration clauses, and one decidedly...
