I don’t normally blog about the Third Circuit’s non-precedential opinions, but the court issued two noteworthy ones today.
First, in Smith v. Lindemann the court enforced an arbitration clause in a lawyer’s representation agreement to compel arbitration of a legal malpractice suit. Even if state law barred lawyers from including arbitration clauses in their retainer agreements, such a law would be preempted by federal law. Ugh.
Second, in Pirela v. Commonwealth a divided panel affirmed in a pre-AEDPA habeas corpus case involving jury waiver and ineffective assistance of counsel. Judge Restrepo dissented (I’m not certain, but I think this might be his first panel dissent since joining the court), arguing that the court should have instead remanded for an evidentiary hearing on the waiver claim.
UPDATE — Writes Peter Goldberger:
Judge Restrepo’s separate opinion “concurring in the judgment” concerning cell site location information, in US v Stimler, 864 F.3d 253, is functionally a dissent. Conc in jmt because of binding circuit precedent; issue is pending on the merits before the Supreme Court, so the separate opinion also functions as a SCOTUS amicus brief.