The Supreme Court repeatedly has recognized that the Federal Arbitration Act, 9 U.S.C. § 1 et seq., embodies a strong federal policy requiring judicial enforcement of private-party agreements to resolve disputes through binding arbitration,  which usually is speedier, more efficient, and less expensive than litigation. To facilitate these benefits, arbitration agreements often contain a “delegation clause”

In SEC v. Jarkesy, No. 22-859, the Supreme Court has agreed to review a Fifth Circuit opinion holding that Securities and Exchange Commission “in-house” civil administrative enforcement proceedings are unconstitutional on three grounds: (i) they deprive respondents (i.e., defendants) of their Seventh Amendment right to a trial by jury; (ii) Congress unconstitutionally delegated legislative power to the

In BASF Metals Limited v. KPFF Investment, Inc., No. 23-232, two overseas corporate defendants in antitrust litigation involving market prices for platinum and palladium have filed a certiorari petition challenging a Second Circuit decision upholding a New York federal district court’s exercise of “conspiracy jurisdiction.”  On behalf of the Atlantic Legal Foundation (ALF), I have authored and filed an amicus

The certiorari petition in Tardy v. Corrections Corporation of America, No. 23-129, requests the Supreme Court to resolve an inter-circuit conflict concerning Article III standing for individuals who seek access to sealed court records. The appeal arises from a Sixth Circuit decision holding that “to have standing, a plaintiff claiming an informational injury must have suffered adverse

Almost 40 years ago the Supreme Court held in Chevron U.S.A v. Natural Resources Defense Council, 467 U.S. 837, 844 (1984), that “a court may not substitute its own construction of a statutory provision for a reasonable interpretation made by the administrator of an agency.” This Chevron doctrine “directs courts to accept an agency’s reasonable resolution of an ambiguity in