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U.S. Supreme Court,
Civil Litigation,
Labor/Employment,
California Supreme Court,
California Courts of Appeal,
9th U.S. Circuit Court of Appeals

Mar. 14, 2018

Supreme Court headed for arbitration wonderland

“Sentence first — verdict afterward,” said the Red Queen at the end of Alice’s trial. Perhaps she was talking about the Federal Arbitration Act.

Steven B. Katz

Partner
Constangy, Brooks, Smith & Prophete LLP

1800 Century Park E Fl 6
Los Angeles , CA 90067

Phone: (310) 597-4553

Email: skatz@constangy.com

USC Law School

Steven B. Katz is a partner and co-chair of the Appellate Practice Group at Constangy, Brooks, Smith & Prophete, LLP. He represents employers in class, collective and representative actions, and appeals.

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At the end of Alice's trial in her "Adventures in Wonderland," the King says, "Let the jury consider their verdict." "No, no!" says the Red Queen. "Sentence first -- verdict afterward." Alice demurs, "Stuff and nonsense!" But the Red Queen might be right under the Federal Arbitration Act.

Section 1 of the FAA provides that "nothing" in the act "shall apply to contracts of employment of seamen, railroad employees, or any other class o...

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