Oral arguments in the Delaware Court of Chancery's battle to save its confidential arbitration program occurred roughly three months ago, but the U.S. Court of Appeals for the Third Circuit has not given any indications that a decision is imminent. Although Delaware practitioners are used to cases being adjudicated within 90 days of oral arguments, federal court analysts say that it could take the appellate court as long as one year after arguments before a decision is rendered.
Attorneys on both sides of the issue presented their arguments before a three-judge panel composed of Judges Dolores K. Sloviter, Julio M. Fuentes and Jane Richards Roth in Delaware Coalition for Open Government v. Strine on May 15. This Thursday is the three-month mark since oral arguments and no sign of a decision is in sight.
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