Peter B Bo Rutledge

August 09, 2023 | Daily Report Online

In Kirkland v. United States Bankruptcy Court for the Central District of California, the Ninth Circuit considered video transmissions for witness testimony in court proceedings. The mandamus proceeding arose from a Bankruptcy Court order requiring Ann Kirkland, a party acting as sole trustee, and John Kirkland, a non-party, to testify remotely in an adversary proceeding involving the Bright Conscience Trust.

By Peter B. "Bo" Rutledge and Anna Gowen

4 minute read

July 24, 2023 | Daily Report Online

The recent U.S. Supreme Court decision challenging a $96 million verdict in a trademark dispute has a large impact on the extraterritorial application of the Lanham Act by U.S. courts and presages' continued efforts to trim the extraterritorial application of federal law.

By Peter B. "Bo" Rutledge and Anna Gowen

5 minute read

May 11, 2023 | Daily Report Online

Regarding one case involving how the Federal Arbitration Act, four circuits (the Second, Third, Sixth and Tenth), the Eleventh Circuit at first sided with Chapter 1 vacatur grounds apply to nondomestic awards but later changed its mind.

By Peter B. "Bo" Rutledge and Vladyslav Rudzinskyi

4 minute read

May 02, 2023 | Daily Report Online

The state secrets privilege has deep roots in American jurisprudence. Rudimentary references to it appear in early 19th-century jurisprudence.

By Peter B. "Bo" Rutledge and Alexandra Lampe

4 minute read

April 26, 2023 | Daily Report Online

The recent Ninth Circuit decision in Forrest v. Spizzirri has reignited a deep and long-standing circuit split over the proper interpretation of Section Three of the Federal Arbitration Act. The controversy centers on whether district courts should stay or dismiss a lawsuit when all issues are subject to arbitration. The 6-4 split among the federal appellate courts cries out for U.S. Supreme Court review.

By Peter B. "Bo" Rutledge and Parker Furman

4 minute read

January 30, 2023 | Daily Report Online

In the Coinbase case, Coinbase users sued the cryptocurrency exchange platform, and Coinbase sought to send the disputes to arbitration. When a federal district court denied Coinbase's motion to compel arbitration pursuant to the Federal Arbitration Act (FAA), the platform immediately appealed the district court's order.

By Peter B. "Bo" Rutledge and Alexis M. Watson

4 minute read

January 23, 2023 | Daily Report Online

Recently, the U.S. Court of Appeals for the First Circuit's decision in Immediato v. Postmates attempted to gloss its meaning. The decision could have far-reaching implications for all gig economy workers.

By Peter B. "Bo" Rutledge and Sawyer M. Bradford

4 minute read

November 15, 2022 | Daily Report Online

The cases concern Section 230 of the 1996 Communications Decency Act, which provides, with some exceptions, that "[n]o provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider."

By Peter B. "Bo" Rutledge and Olha Kaliuzhna

5 minute read

October 25, 2022 | Daily Report Online

The U.S. Supreme Court previously opined on the issue in a badly fractured opinion, Commonwealth Coatings Corp v. Continental Casualty Co. The majority opinion, authored by Justice Hugo Black, called for arbitrators to avoid even the "impression of possible bias," and stated that arbitrators should be held to the same standard as Article III judges.

By Peter B. "Bo" Rutledge and Sawyer M. Bradford

7 minute read

June 22, 2022 | Daily Report Online

A recent decision by the United States Supreme Court ("Southwest v. Saxon") glossed the meaning of the term "classes of workers engaged in foreign and interstate commerce," as defined by the Federal Arbitration Act.

By Peter B. "Bo" Rutledge and Sawyer M. Bradford

4 minute read