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Smith v. Spizziri is this week’s item on the court’s bountiful menu of cases under the Federal Arbitration Act. The question here is what options are available to a trial court that decides to send a case to arbitration. Must it stay the matter or, instead, does it have the option to dismiss it entirely? Discussion at the argument suggested that the justices were skeptical about the practical consequences of dismissal, so Justice Sonia Sotomayor’s opinion for a unanimous … Read the rest
