U.S. Courts News Reporter
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Monday’s argument in Smith v. Spizziri was this month’s case under the Federal Arbitration Act. This one explores what a trial court can do when it refers a pending suit to arbitration. Section 3 of the FAA says that if the court refers the case to arbitration, it “shall on application of one of the parties stay the trial of the action until such arbitration has been had.” The question is whether the trial court, instead of staying the … Read the rest
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The Petitions of the Week column highlights a selection of cert petitions recently filed in the Supreme Court. A list of all petitions we’re watching is available here.
The Clean Water Act allows private actors to sue someone for polluting a water system. But the act prevents these so-called citizen suits if the government is already enforcing the law. This week, we highlight cert petitions that ask the court to consider, among other things, what level of state … Read the rest