Tempus Fugit: It's Been Thirty Years Since McMahon Was Decided
Securities Arbitration Commentator, Vol. 2017, No. 4
5 Pages Posted: 24 Jul 2018
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Tempus Fugit - It's Been Thirty Years Since McMahon Was Decided
Date Written: August 1, 2017
Abstract
June 8th marked the 30th anniversary of SCOTUS deciding Shearson/American Express v. McMahon, where a somewhat divided Supreme Court decided, in a case dealing with a securities brokerage predispute arbitration agreement, to set a course that has elevated alternative dispute resolution to a position of prominence and visibility (and controversy) affecting interstate commerce generally and,most particularly, the employment and retail consumer sectors. This article offers look-backs at this ground-breaking decision, delving into the issues, the cast of characters, the decision, and the views of securities arbitration luminaries on the lasting impact of the case.
Keywords: arbitration, supreme court, securities
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