Opinions Filed in November 2012
Arbitration: When parties enter into a mandatory arbitration contract, any claim attacking the validity of the contract's terms must be decided by the arbitrator in the first instance and any state statute providing otherwise is "displaced by the [Federal Arbitration Act]."
(Filing Date: 11-26-2012)
Sovereign Immunity: When a statute contains a self-executing remedial scheme, courts are to look only to the text of the statute to determine whether Congress intended to waive the government’s sovereign immunity.
(Filing Date: 11-13-2012)
Remedies: A plaintiff who is awarded an injunction without monetary damages is still entitled to attorney fees under 42 USC §1988 because an injunction is a form of actual relief that “materially alters the legal relationship between the parties by modifying the defendant’s behavior in a way that directly benefits the plaintiff.”
(Filing Date: 11-05-2012)