Schaefer v. Allstate Insurance

A plurality of this court has, sua sponte, taken this case as an opportunity to pronounce law on an issue neither briefed by the parties nor discussed by any court below. Although I am not troubled by the end result achieved by the plurality, I am disturbed by the “law” the plurality gratuitously pronounces in reaching its decision. Accordingly, I concur in the judgment only.

I

I am somewhat fascinated to learn that the plurality considers “nonbinding arbitration” to be an oxymoron and “binding arbitration” to be a redundancy. Not only will this be news to the parties in these cases, the trial…