Chicago Partner Patrick F. Moran was quoted in an article entitled "7th Circ. OT Case May Shine Spotlight On Arbitration’s Reach," published by Law360.
This article explores an unusual case before the Seventh Circuit Court of Appeals, which raises essential questions about the interplay of state and federal arbitration laws and how widespread a modern deference to arbitration should be. In this case, an Indiana federal court found that the Federal Arbitration Act’s ("FAA") seamen exemption applied to the lead plaintiff. As a result, she could not be compelled to arbitrate her claims under federal law, but the district court still compelled arbitration under Indiana state law.
Mr. Moran said that this is an interesting situation because the inability to apply the FAA doesn’t mean the arbitration agreement does not exist and is not covered by another law. He continued, stating, "The trend has been pushing everything toward arbitration. I think that the idea that the federal court didn’t have the ability to do it just based on the definition of what a court is under state law — it’s the first time I’ve seen it.”
Mr. Moran is a business litigator whose practice focuses primarily on professional liability, cyber, and employment defense matters. He regularly defends professionals, including entrepreneurs, executives, and managers, in administrative and civil proceedings throughout the Midwest. Mr. Moran's cyber practice involves internet security, privacy, theft of confidential data, website content, and unfair competition issues. He also represents employers in claims involving discrimination, wrongful termination, harassment, and retaliation.
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