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The recent decision by the U.S. Court of Appeals for the First Circuit in Rosenberg v. Merrill Lynch, Pierce, Fenner & Smith Inc., (No. 98-1246) 1998 WL 880910 (1st Cir. Dec. 22, 1998) has been interpreted as favoring arbitration of statutory employment claims. But it also has a second, anti-arbitration theme that is also worthy of comment.

The U.S. Supreme Court has enforced pre-dispute arbitration agreements for statutory claims in a number of recent cases. [FOOTNOTE 1] These cases arise under �2 of the Federal Arbitration Act (FAA), [FOOTNOTE 2] which requires that arbitration agreements not be singled out for special limitations not imposed on other contracts.

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