Atlantic Textiles v. Avondale Inc.

I concur in Part I, Part 11(A), and Part 11(B)(1) of the majority opinion. I respectfully dissent, however, from Part 11(B)(2), Part 11(B)(3), and the result that this case should be remanded for further proceedings in the district court, as described in the majority opinion.

I

The majority opinion acknowledges that federal statutory claims are subject to arbitration if the litigants can effectively vindicate their substantive statutory claims in the arbitral forum. The majority concludes that the Antitrust Act’s four-year limitations period, 15 U.S.C. § 15b, is not a “substantive right” and…