Looking forward, looking back: A 2024 Arbitration Roundup
by Andrew Flake
With a 100th birthday coming up for the Federal Arbitration Act, 2025 promises to be eventful year in the arbitration world! But 2024 held its own, and having just crested the New Year, we should pause to look back at a handful of key...
Healthcare and Arbitration: Facility Admission Agreements and the Regulation of ADR
by Andrew Flake
A case that has made its way up and down the Georgia appellate circuit, CL SNF, LLC et al. v. Fountain, has landed on remand, with a reminder about arbitration clause enforceability: In heavily regulated areas, with...
The Emergence of Required Third-Party Funding Disclosure
by Andrew Flake
In a standing order entered this week, the Chief Judge of Delaware's federal District Court has required all parties in cases before him to disclose at least the existence of any third-party funding (3PF), along...
Two Chief Justices, and Why Institutional Independence Matters
by Andrew Flake
Every year, Chief Justice John Roberts prepares a report on the state of the judiciary, frequently with interesting reference to American history. This year, his thematic focus was judicial independence, a topic for which he selected former U.S. President and...