Holly Stein Sollod, a securities and complex commercial litigator and arbitrator at Holland & Hart, was quoted in Law Week Colorado’s Jan. 21 article entitled, “FAA Doesn’t Allow for ‘Wholly Groundless’ Exception, SCOTUS Rules.” The article discusses the U.S. Supreme Court’s recent decision in Henry Schein, Inc. v. Archer and White Sales, Inc., holding that a “wholly groundless” exception to arbitrability is inconsistent with the Federal Arbitration Act.
“[Shein is] like a slap-down to lower federal courts that have been reading exceptions into arbitration statutes that aren’t there,” Stein Sollod noted. “[I]t’s important for companies to know whether the arbitrator or the district court decides the threshold arbitrability question, if only because companies want certainty. Otherwise they could potentially see the matter dragged out: Archer and White first filed its lawsuit back in 2012.“ Stein Sollod adds.
Holly Stein Sollod brings more than 30 years of experience in both New York and Colorado to her practice representing public and private companies and individuals in high-stakes securities litigation and arbitration, shareholder derivative suits, SEC and FINRA investigations and enforcement matters and bet-the-company complex commercial litigation, including class actions.
A summary to the article online may be read here: FAA Doesn’t Allow for ‘Wholly Groundless’ Exception, SCOTUS Rules