On January 25, 2021 the Supreme Court decided Henry Schein Inc. v. Archer and White Sales Inc.. The question presented was whether a provision in an arbitration agreement that exempts certain claims from arbitration negates an otherwise clear and unmistakable delegation of questions of arbitrability to an arbitrator. This case arose out of a dispute between two dental equipment sales companies. In 2019, the 5th Circuit decided two questions. First, it concluded that the companies’ contract called for arbitration of the “gateway question” of whether a dispute is arbitrable. Second, it concluded that a court (rather than an arbitrator) should determine whether this particular dispute fell within an exception from the contract’s arbitration clause. The Supreme Court dismissed the writ of certiorari as improvidently granted.
Erika Birg, Partner at Nelson Mullins, and Richard Faulkner, Of Counsel at Bennett Injury Law, join us today to discuss this ruling and its implications.
Audio Poem of the Day - LA Odyssey
By Cedar Sigo
Stuff They Don't Want You To Know - Strange News: The Pentagon May Have Experimented with UFO Wreckage, The Skelecaster Hoax, and the Collapse of the Texas Power Grid
Did the Pentagon just admit it's been secretly experimenting with wreckage from UFOs for decades? Did a Florida man really build an electric guitar from his uncle's skeleton? What exactly caused the collapse of the Texas power grid, and why were so many people left without power or clean water? All this and more in this week's Strange News.
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array(3) { [0]=> string(150) "https://www.omnycontent.com/d/programs/e73c998e-6e60-432f-8610-ae210140c5b1/2e824128-fbd5-4c9e-9a57-ae2f0056b0c4/image.jpg?t=1749831085&size=Large" [1]=> string(10) "image/jpeg" [2]=> int(0) }The Commentary Magazine Podcast - Why Do They Want Us to Be Depressed?
The vaccine news, especially out of Israel, is startlingly good—especially as regards the transmissibility of the coronavirus. So why, the podcast crew asks, are the elites focusing on the bad, bad, very bad? Is this just a matter of habit, or is there something political going on? And why did Biden even nominate Neera Tanden, who is almost certainly not going to get confirmed as OMB director? And why do liberals think there's no dignity in work? Give a listen.
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CBS News Roundup - World News Roundup: 02/22
The US nears half a million COVID deaths. New evidence vaccines are cutting hospitalizations. Some United planes grounded after engine failure. CBS News Correspondent Steve Kathan has today's World News Roundup.
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Everything Everywhere Daily - Base Units of Measurement
Every day we are constantly using measurements. We have ways of measuring distance, temperature, time, light, pressure, energy….everything.
Yet, why do we measure everything the way we do? Why is a second, a second, and why is a meter, a meter?
Learn more about why our units of measurement are the way they are on this episode of Everything Everywhere Daily.
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The Intelligence from The Economist - Contrary to popular opinion: Mexico’s president
Andrés Manuel López Obrador roared into office with a grand “fourth transformation” agenda. Even after two years of policy failures and power-grabbing, he remains wildly popular. An eye-catching new report implores economists to take biodiversity into account—and puts some sobering limits on growth. And a chat through the state of the art in conversational computers.
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You're Wrong About - The O.J. Simpson Trial: The DeLorean Detour
To tell the story of the "dream team" we must begin by going back to the future. This week we learn why O.J. Simpson fired the man who defended John DeLorean and why a briefcase of cocaine isn’t always a smoking gun. Digressions include Bob’s Big Boy, Margaret Thatcher and the Fonz.
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The Best One Yet - “1 drink to rule them all” – Boston Beer’s pure-play seltzer. Theragun’s marketing kill. Walmart don’t care.
While nearly every other beer stock has fallen in the last year, Boston Beer shares nearly tripled… so we jumped in SnacksStyle. Theragun just added Kevin Durant, Karlie Kloss, and 100 other celeb investors because it wants to kill its marketing budget. And Walmart got punished for upping its minimum wage — but Walmart don’t care.
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What Next | Daily News and Analysis - Will Andrew Cuomo Say Sorry?
New York Governor Andrew Cuomo has attracted national praise for his buck-stops-here leadership throughout the pandemic. But he's made some major missteps in his coronavirus response - the lack of transparency around COVID-related deaths in nursing homes is only the latest example. And his efforts to evade scrutiny have drawn fire from critics and constituents.
Guest: Jimmy Vielkind, reporter for the Wall Street Journal covering New York politics and government.
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