News & Publications

On May 23, the Supreme Court resolved a circuit split in holding that the Federal Arbitration Act's (FAA) "policy favoring arbitration" does not allow federal courts to create arbitration-specific federal procedural rules.1 Specifically, the Court took issue with the rule adopted by most federal circuits, under which waiver of an arbitration right required a showing of prejudice. Writing for a unanimous court, Justice Kagan provided important guidance on the enforceability of arbitration agreements in federal courts. [...]

On occasion, a development in the law while a case is pending on appeal may present an additional argument to raise. Although the general rule is that an appellant cannot raise issues for the first time on appeal, Michigan and federal courts have recognized an exception for changes in the law. As a general matter, an issue that is not preserved in the trial court will not be considered on appeal.1 As the Michigan Supreme Court [...]

Miami, Fla. (May 26, 2022) -  Effective July 1, 2022, the Florida Supreme Court has amended Florida Rule of Civil Procedure 1.442—governing procedural requirements for service of proposals for settlement—to preclude service of a proposal containing "nonmonetary terms, with the exceptions of a voluntary dismissal of all claims with prejudice and any other nonmonetary terms permitted by statute." The court's amendment comes on the court's own motion and after a lengthy comment period and oral argument. [...]