United States First Circuit

Refusal to submit federal and state antitrust actions against a cable television provider to arbitration is reversed where: 1) the arbitration agreements have retroactive effect; 2) defendant provided adequate notice of the agreements; and 3) savings clauses allow for severance of invalid provisions that prevent vindication of rights under federal and state law.

Appellate Information

• Decided 04/20/2006
• Published 04/20/2006

Judges

• LIPEZ, Circuit Judge., Before LIPEZ and HOWARD, Circuit Judges, and RESTANI, Judge.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Jaime A. Bianchi, with whom Christopher M. Curran, George L. Paul, Noah A. Brumfield, and White & Case LLP;  and Christopher F. Robertson and Seyfarth Shaw LLP were on brief, for appellants.


• For Appellees:
  
• Alan Gilbert, with whom Stacey L. Mills, Samuel D. Heins, David Woodward, Jessica N. Servais, and Heins Mills & Olson, P.L.C;  John P. Zavez, Noah Rosmarin, and Adkins, Lelston & Zavez, P.C.;   and Barry Barnett, John Turner, and Susman Godfrey LLP were on brief, for appellees.