An open government organization that has waged a successful legal challenge to the Delaware Court of Chancery’s secret arbitration forum is opposing a U.S. Supreme Court review of the case, saying it doesn’t rise to the highest court’s level.
The Delaware Coalition for Open Government Inc., which called into question the constitutionality of the confidential arbitration program in the lower federal courts, argues the issue is confined to Delaware and not a matter of national concern, according to a brief filed Monday. Because no other state has an arbitration program like the Delaware forum, the federal courts are not in conflict, said David Finger, the lawyer for the coalition. One factor influencing whether the high court takes up a matter is whether several of the lower federal courts have reached different conclusions.
“This program is created to take advantage of the reputation of the Court of Chancery, that makes it unique to Delaware and not the type of case the Supreme Court should take,” Finger said. Continue>>>