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Expert Analysis

Kaepernick Case Raises Arbitrator Subpoena Power Issues

By Gregory Capps, Daryn Rush and Ciaran Way (June 20, 2018, 12:33 PM EDT) -- It has been widely reported that lawyers representing Colin Kaepernick in collective bargaining arbitration proceedings with the NFL are considering asking the arbitrator to issue a subpoena to compel President Donald Trump to appear for deposition. Aside from obvious issues as to whether a sitting president can be subpoenaed to sit for deposition, the case also presents interesting issues about the power of an arbitrator to compel testimony of a nonparty under the Federal Arbitration Act, and the territorial limitations on that power as prescribed by Federal Rule of Civil Procedure 45....

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