- Posts by Thomas K. Potter, III
PartnerTom Potter is a Partner in the firm's Nashville office, and his practice focuses on securities, corporate disputes, and appellate litigation. Tom has over 35 years of experience representing business interests.
Tom represents ...
A unanimous Supreme Court held May 23 that a party’s waiver of its arbitration right does not require showing prejudice to an opposing party, because the Federal Arbitration Act (“FAA”) prohibits arbitration-specific rules.
Franchisor Sundance litigated employee Morgan’s collective wage and hour claim for eight months before moving to compel arbitration. The courts below applied the majority rule and rejected Morgan’s waiver argument because she showed inadequate prejudice from Sundance’s delay.
The Supreme Court reversed and remanded. The Court assumed ...
The U.S. Supreme Court held March 31, 2022, that the Federal Arbitration Act (“FAA”) does not allow federal courts to “look through” to the dispute underlying an arbitration to establish jurisdiction to confirm or vacate an arbitration award.
The 8:1 decision by Justice Kagan distinguished the language of FAA Sections 9 (confirmation) and 10 (vacatur).
While the FAA authorizes various petitions for relief, it does not provide a basis for jurisdiction of itself. Thus, a petitioner must establish an independent basis for federal court jurisdiction, whether ...
The United States District Court for the District of Maryland held there is no implied private cause of action under the CARES Act, denying a preliminary injunction (styled a "stay pending appeal") in a putative class action aimed at stopping Bank of America's gating policies on PPP loans. Profile, Inc. v. Bank of America Corp., 2020 U.S. Dist. LEXIS 67311 (D. Md. April 17, 2017).
Similar putative class actions have been in the Central District of California and in the Southern District of Texas. The California actions also assert state-law unfair trade practices or unfair competition ...