NYU law professor Samuel Estreicher discusses a recent decision by the Tenth Circuit in Fedor v. United Healthcare, in which the court clarified that a court must first find agreement to arbitrate before the severability doctrine comes into play. Professor Estreicher explains the severability doctrine, describes the facts giving rise to the case, and the Tenth Circuit’s reasoning behind its conclusion.
Hofstra University law professor Joanna Grossman comments on a recent decision by the U.S. Court of Appeals for the Tenth Circuit reinstating Utah’s criminal law banning bigamy. Grossman explains the facts leading up to the lawsuit, the holding of the district, and the reasoning behind the Tenth Circuit’s reversal.
