Arbitration everywhere, from SCOTUS to state appeals court

For the Defense

By Donald P. Eckler

Donald “Pat” Eckler is a partner at Freeman, Mathis, & Gary LLP, focusing on professional liability defense, insurance coverage litigation, and general tort defense. He is the secretary/treasurer of Illinois Defense Counsel. Eckler also is the co-host of the Podium and Panel podcast with Daniel Cotter. His views are his own and not those of his firm or its clients.

Posted November 16, 2023 11:14 AM

Nary a term of the U.S. Supreme Court goes by without substantial decisions in the area of arbitration. The last two terms have seen, among several other decisions, Coinbase, Inc. v. Bielski, 143 S.Ct. 1915 (2023) (holding that a district court must enter a stay while there is a pending appeal under 9 U.S.C. Sec. 16(a) on the issue of arbitrability), and Viking River Cruises, Inc. v. Moriana, 142 S.Ct. 1906 (2022) (holding that the Federal Arbitration Act preempts California law that invalidates contractual waivers of …

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