Thursday, October 24, 2013
Federal appeals court rules Delaware 'secret' arbitration rule unconstitutional
[JURIST] The US Court of Appeals for the Third Circuit [official website] on Wednesday ruled [opinion, PDF] that restriction of public access to Delaware's government-sponsored arbitration hearings is unconstitutional. The Court, in affirming the district court's ruling, held that the provision that allows confidential judge-run arbitration hearings violates the First Amendment [Cornell LII materials], but stated that the decision does not invalidate the entire statute. It noted that the decision is based solely on the fact that the proceedings "are...
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