Superadio Ltd. Partnership v. Winstar Radio Productions, LLC

(concurring in part and dissenting in part, with whom Co win, J., joins). I agree with that portion of the court’s opinion concerning the practice of law, but I respectfully dissent from that part of the opinion that affirms the award of a monetary sanction for discovery violations.

The court bases its holding on “the broad arbitration provision in the agreement and the absence of any limiting language prohibiting a monetary sanction for discovery violations.” Ante at 338. Arbitrators probably have authority under the arbitration agreement to impose a wide range of sanctions against a party…