How Not To Enforce An Arbitration Agreement

By Phillip Kilgore (February 13, 2018, 11:51 AM EST) -- When lawyers receive court orders or opinions, they frequently flip to the last page to find out the result. The last page of the Fourth Circuit's opinion in Degidio v. Crazy Horse Saloon and Restaurant, Docket No. 17-1145 (4th Cir., Wilkinson, J.), issued on Jan. 18, 2018, closed by characterizing the procedural history as "disturbing," and the arbitration agreement the litigant was trying to enforce as a "sham."

For those who prefer to read from the beginning, the opening of the Degidio opinion did not bode well for the defendant/appellant: "Arbitration is a valuable means of resolving disputes expeditiously, but this...

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