The arguments reported in the story against the position the judge eventually took appear to be that the case has to proceed to arbitration no matter what, because this is what the joint venture agreement said. This seems far-fetched. Even if Scruggs and the SKG did not waive arbitration by refusing it, as Jones claims, if a judge can’t take the hickory to people who try to bribe the court, the court has no inherent powers and is not an arm of justice, it is nothing but a forum for hot air and sweet potatoes vendors.
Insurance Coverage Blog
2/27/8
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