High Court Won't Review Del.'s 'Secret' Arbitration Program

Law360, Wilmington (March 24, 2014, 4:27 PM EDT) -- The U.S. Supreme Court on Monday refused to take up Delaware's controversial corporate arbitration program, ending the state's last hope to reverse lower-court findings that the confidential nature of the process violated the First Amendment's right of access.

Delaware's Chancery Court and its judges contended the case merited consideration since it offered an opportunity to address conflicting confidentiality standards applied by federal and state courts, but the high court denied the petition for writ of certiorari without comment.

The arbitration program, established by the Delaware legislature...
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