Legal Opinion · Concurrence

Arkansas Diagnostic Center, P.A. v. Tahiri

Supreme Court of Arkansas

Decided May 31, 2007No. 06-667Published

1ConcurrenceRobert Brown, Justice

It is unclear to me whether the employment agreement executed between ADC (the Clinic) and Dr. Tahiri qualifies as a “contract evidencing a transaction involving commerce” such as to render the Federal Arbitration Act (FAA) applicable. 9 U.S.C. § 2 (1999). Nevertheless, I concur in the majority’s result that the FAA should not apply in this case.

As the majority opinion correctly points out, the United States Supreme Court has interpreted the terms “involving commerce” broadly as to signify Congress’s intent to exercise its power under the Commerce Clause to its fullest. See Allied-Bruce…

2Cases cited8 opinions

  1. Volt Info. Sciences, Inc. v. Bd. of Trustees of Leland Stanford Jr. U.Supreme Court of the United States · 1989
  2. Allied-Bruce Terminix Cos., Inc. v. DobsonSupreme Court of the United States · 1995
  3. Mandeville Island Farms, Inc. v. American Crystal Sugar Co.Supreme Court of the United States · 1948
  4. Citizens Bank v. Alafabco, Inc.Supreme Court of the United States · 2003
  5. Crawford v. West Jersey Health SystemsDistrict Court, D. New Jersey · 1994

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