Stephens & Co. Duffield v. Robertson

Despite Gilmer's mandate to carefully examine legislative history and Judge Reinhardt's thorough and persuasive reading of the Civil Rights Act of 1991, on 8 June 1998 the Third Circuit sharply differed from the rationale discussed above. In Seus v. John Nuveen & Co., a Pennsylvania district court had held that the Form U-4 Seus signed was enforceable under the Federal Arbitration Act; she appealed. The Third Circuit noted that "no amount of commentary from individual legislators or committees would justify a court in reaching the result" that the Ninth Circuit reached, and it further noted that if the legislative history of Section 118 was binding, then it should be read as having codified Gilmer. The Supreme Court has granted certiorari in Wright v. Universal Maritime Service Corp., and Supreme Court watchers think the Court in that case will have the opportunity to resolve the conflict.