With Conflicting Paths On FAA, High Court Likely To Take Both

By Scott Oswald (October 31, 2018, 12:00 AM EDT) -- The test of a first-rate intelligence, according to F. Scott Fitzgerald, is the ability to hold two opposed ideas in the mind at the same time and still retain the ability to function.[1]

By this measure, some fierce brainpower was on show Monday at the U.S. Supreme Court, where the justices heard arguments in two separate cases under the Federal Arbitration Act and seemed likely to deliver a business-friendly outcome in both — even though this will require them to treat the FAA's blind enforcement of arbitration agreements as sacrosanct in one instance, while undermining it in the other.

In the...

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