Quantcast
Connect with us

US Supreme Court’s Brett Kavanaugh issues first opinion in arbitration case

Published

on

The U.S. Supreme Court’s newest member, Brett Kavanaugh, issued his first written opinion on Tuesday as the justices in a unanimous ruling bolstered companies’ ability to use arbitration to resolve disputes with customers or other businesses.

The court decided 9-0 to throw out a lower-court ruling that had kept a case involving dental equipment companies from being resolved through arbitration because the court had determined the demand for arbitration was groundless.

ADVERTISEMENT

Newly appointed justices are generally assigned non-controversial, unanimous cases as their first opinions.

Kavanaugh joined the court in October after a raucous confirmation process during which he had to fend off accusations of sexual assault by California university professor Christine Blasey Ford. He was the second conservative justice named to the court by Republican President Donald Trump, after Justice Neil Gorsuch.

Kavanaugh’s appointment solidified a 5-4 conservative majority on the court. He replaced retired Justice Anthony Kennedy, a conservative who sometimes sided with the court’s liberals on social issues like abortion.

The arbitration case involved price-fixing claims lodged by Plano, Texas-based dental equipment distributor Archer and White Sales Inc against other manufacturers and distributors.

ADVERTISEMENT

It centered on whether courts can prevent arbitrators from deciding if an issue can be arbitrated at all. Companies prefer to arbitrate claims because it is cheaper and faster than litigation in court, which is harder to fight and carries a greater risk of hefty damages awards by juries.

When a contract allows arbitrators to decide whether a dispute can be resolved through arbitration, “a court may not override the contract,” Kavanaugh said on Tuesday, explaining the decision.

Although Tuesday’s ruling was Kavanaugh’s first opinion for the court, his first known vote as a member of the court was in December when he joined other justices to reject appeals by Louisiana and Kansas seeking to end their public funding to women’s healthcare and abortion provider Planned Parenthood through the Medicaid program.

ADVERTISEMENT

Reporting by Andrew Chung; Editing by Bill Trott


Report typos and corrections to: [email protected].
READ COMMENTS - JOIN THE DISCUSSION
Continue Reading

Breaking Banner

Trump blows up over ‘phony emoluments clause’ as he whines G7 at Doral ‘would have been the best ever’

Published

on

President Donald Trump is still very bitter that he had to cancel plans to host next year's G7 summit at his own golf course.

According to Voice of America News reporter Steve Herman, the president defended his decision to award his own business a massive government contract, and lashed out at critics who said that the event would have violated the Constitution's emoluments clause that bars the president from receiving gifts from foreign governments.

“It would have been the best G7 ever," Trump complained, according to Herman. "You people with this phony emoluments clause."

Continue Reading

Facebook

Tulsi Gabbard seems to be okay with ‘warmongering’ — when it comes to Russia’s bombing of Syria

Published

on

Speaking on a podcast last week, Hillary Clinton sparked a huge firestorm with a veiled swipe at 2020 Democratic presidential candidate Tulsi Gabbard, theorizing that she's being groomed by Russia to be a potential third-party candidate in an effort to help President Trump win reelection. While Clinton's theory sparked controversy in and of itself, it was Gabbard's response that kicked the story into high gear.

Continue Reading
 

Breaking Banner

‘I love how this is eating you alive’: Rick Wilson dances on the grave of Trump’s corrupt G7 gambit

Published

on

Conservative Rick Wilson on Monday taunted President Donald Trump after he was forced to scrap his plan to host next year's G7 summit at his own golf course.

Reacting to the president's Monday morning tweet in which he bitterly complained about having to cancel plans to award a massive government contract to his own business, Wilson roasted the president for his shameless effort to profit off his office.

"I love how this is eating you alive," Wilson wrote. "The mismatch between the economic status of your supporters and the price point of your resorts is exactly why you keep flogging the hell out of them. Your brand is failing, broken, and poisonous."

Continue Reading
 
 
Help Raw Story Uncover Injustice. Join Raw Story Investigates for $1 and go ad-free.
close-image