New Fourth Circuit Opinion on Arbitration -- Appeal of Arbitrability Decision Divests Trial Court of Jurisdiction

I have addressed arbitration issues many times before on this Business Law Blog. They are important because so many agreements now contain mandatory arbitration clauses. On February 10, 2011, the United States Court of Appeals for the Fourth Circuit issued an opinion in the case of Levin v. Alms and Associates, Inc. A copy of the decision can be found here. In this case, the appellate court held that when a trial court order regarding arbitrability of a dispute was appealed, the trial court is divested of jurisdiction and cannot continue on to handle the case until the appeal is resolved. The appellate court reversed the trial court which had allowed what it believed was the “non-arbitrable” portion of the case to go forward while the appeal was pending.

The appellate court also went on to decide that the trial court was wrong on the merits. That is, the appellate court held that the trial court was wrong to decide that certain claims were not subject to arbitration.

Before including an arbitration provision in your business agreements, you should be sure to consult with counsel to determine whether such a provision is in your interest and to discuss the scope and effect of such a provision.

District Court of Maryland for Montgomery County - New Cellphone & Camera Policy

The District Court of Maryland for Montgomery County recently issued a new policy on the use of cellphones and cameras in its two courthouses. The policy is as follows:

CELL PHONE AND PROPERTY POLICY
FOR DISTRICT SIX, MONTGOMERY COUNTY
This policy applies to everyone using a courthouse facility in Montgomery County, including attorneys (public or private), police officers and court employees.
A violation of this policy can result in the confiscation of the phone and/or ejection of the violator.
1. A person may possess a cell phone in a courtroom only if the phone is on a belt clip, in a pocket, briefcase or handbag.
2. Cell phones must be in the off or silent position at all times while in the courtroom.
3. Cell phones may not be removed from a pocket, clip, briefcase or handbag at any time while in the courtroom unless removal of the cell phone is authorized by the presiding judge.
4. The wearing of Bluetooth earpieces or other similar cell phone accessories is prohibited in the courtroom at all times.
5. Taking of photographs by cell phone or otherwise is prohibited anyplace in the Courthouse at all times.
6. Use of cell phones at clerk window stations is prohibited at all times.
7. Any violation of this cell phone policy may result in confiscation of the cell phone.
8. Any cell phone which has been confiscated and which has not been claimed within thirty days of the date of confiscation shall be donated to sheriff’s office for use in the domestic violence program.
9. The bailiff will not accept or hold anyone’s cell phone or other property while that person attends Court. Any property left unattended shall be deemed abandoned property, and subject to be disposed of by the Bailiff.