Attorneys representing the Delaware Court of Chancery have filed an opening brief in the U.S. Court of Appeals for the Third Circuit seeking to overturn a federal court decision that declared the Chancery Court’s arbitration program unconstitutional, killing the program.
The Chancery Court’s attorneys argued that the First Amendment qualified right of access to judicial proceedings does not apply to arbitrations and the federal court erred by concluding that the arbitration program is akin to a civil trial.
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