Bernhardt v. Polygraphic Co. of America, Inc.

How later courts described this case

• holding that a “resultant discrimination” would result if parties suing on a state court cause of action in federal court were required to arbitrate a claim that would not be so required if the state cause of action were litigated in state court.
• affirming district court’s use of forty-five-year-old state supreme court precedent when “there appear[ed] to be no 8 confusion in [state] decisions, no developing line of authorities that casts a shadow over the established ones, no dicta, doubts or ambiguities in the opinions of [state] judges on the question, [and] no legislative development that promises to undermine the judicial rule”
• affirming district court’s use of forty-five-year-old state supreme court precedent when “there appeared] to be no confusion in [state] decisions, no developing line of authorities that casts a shadow over the established ones, no dicta, doubts or ambiguities in the opinions of [state] judges on the question, [and] no legislative development that promises to undermine the judicial rule”
• describing commercial arbitration proceedings in 1956 and concluding that “[a]rbitrators do not have the benefit of judicial instruction on the law; they need not give their reasons for their results; the record of their proceedings is not as complete as it is in a court trial; and judicial review of an award is more limited than judicial review of a trial”

Written by the judges who cited it.