<![CDATA[SCOTUS - Pasieczny Law LLC]]> https://www.investordefenders.com/blog/tags/scotus/ Wed, 28 Jan 2026 14:28:46 GMT en-us <![CDATA[SCOTUS Consistent, Again, on Federal Arbitration Act]]> https://www.investordefenders.com/blog/scotus-consistent-again-on-federal-arbitration-act/ https://www.investordefenders.com/blog/scotus-consistent-again-on-federal-arbitration-act/ Mon, 26 Nov 2012 14:09:00 GMT (November 26) The U.S. Supreme Court today issued an opinion in Nitro-Lift Technologies, L.L.C. v. Howard, firmly upholding the idea that if there’s a challenge to the validity of a contract which compels arbitration, an arbitrator must decide the validity of that contract (except in the special case where the arbitration clause itself is challenged).…

]]> (November 26) The U.S. Supreme Court today issued an opinion in Nitro-Lift Technologies, L.L.C. v. Howard, firmly upholding the idea that if there’s a challenge to the validity of a contract which compels arbitration, an arbitrator must decide the validity of that contract (except in the special case where the arbitration clause itself is challenged).

This is a reiteration of clear precedent from 2005. The only wonder is that state supreme courts have defiantly attempted to decide otherwise three times in the last two years: this time from Oklahoma, previously from California and West Virginia (twice on the same facts).

(Alison Frankel’s On the Case for Thompson-Reuters, at http://legalsolutions.thomsonreuters.com/law-products/westlaw-legal-research/practitioner-insights)

]]> <![CDATA[Upcoming SCOTUS Case Examines ‘Discovery Rule’]]> https://www.investordefenders.com/blog/upcoming-scotus-case-examines-discovery-rule/ https://www.investordefenders.com/blog/upcoming-scotus-case-examines-discovery-rule/ Tue, 25 Sep 2012 10:28:00 GMT (September 25) A case to be decided this year by the U.S. Supreme Court may effectively extend the window of time for potential plaintiffs who suffered losses in the 2008 financial crisis. The case Gabelli et. al. v Securities Exchange Commission hinges on the application of the five-year statutory limitation time clock, called the “discovery…

]]> (September 25) A case to be decided this year by the U.S. Supreme Court may effectively extend the window of time for potential plaintiffs who suffered losses in the 2008 financial crisis.

The case Gabelli et. al. v Securities Exchange Commission hinges on the application of the five-year statutory limitation time clock, called the “discovery rule,” which starts at discovery of fraud, not at the time of the fraud itself. Fund manager Marc Gabelli’s secret and fraudulent market-timing was uncovered by then-New York Attorney General Eliot Spitzer in 2003 but the SEC did not pursue its civil case until 2008.

A Supreme Court finding for the SEC will likely encourage new civil securities fraud suits. Either way, the ruling will clear up contradictory opinions of multiple federal circuit cases.

(Reuters news service at www.reuters.com)

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