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Kennedy: Arbitration keeping ‘big civil cases’ off SCOTUS docket

Justice Anthony Kennedy said the justices of the U.S. Supreme Court don’t see as many of the big money civil lawsuits as they used to. The reason?  Arbitration.

“The docket seems to be changing,” Kennedy told reporters invited to meet with him during the 9th Circuit Judicial Conference Monday, according to the Trial Insider. “A lot of big civil cases are going to arbitration. I don’t see as many of the big civil cases.”

That trend is something that could continue, based on the Court’s own recent precedent. The Court’s ruling last term in AT&T Mobility v. Concepcion broadened companies’ ability to prescribe arbitration for disputes.

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