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Volume XVIII, Issue 36

Sept. 11, 2025

 

Frazier v. X Corp., Case No. 24-1948 (2nd Cir. 2025).

A party's refusal to pay ongoing arbitration fees alone does not constitute a "failure, neglect, or refusal to arbitrate" under 9 U.S.C. § 4 where the fee dispute is a procedural issue entrusted to the arbitrator or arbitral body for resolution within the proceeding.

 

Transource Pennsylvania, LLC v. DeFrank, Case No. 24-1045 (3rd Cir. 2025).

The Supremacy Clause preempts a state public utility commission's denial of transmission line siting applications where the denial contradicts the federal regional transmission organization's FERC-approved benefit-cost methodology for selecting congestion-reducing projects.

 

CoStar Group, Inc. v. Commercial Real Estate Exchange, Inc., Case No. 23-55662 (9th Cir. 2025).

A plaintiff states claims under Sherman Act §§ 1 and 2 where it plausibly alleges that defendant has monopoly power in relevant markets and engaged in anticompetitive conduct through de facto exclusive agreements with brokers and technological barriers that prevent competitors from accessing broker listings.

 

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Author

Manny Farach

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