The Center for Constitutional Litigation has successfully helped keep a mandatory arbitration case out of the Supreme Court.

In Lisanti v. Alamo, the New Mexico Supreme Court invalidated an insurance regulation requiring title insurance policies to contain binding arbitration clauses. The Court found that the state constitution barred the Superintendent of Insurance from effectively waiving every policy purchaser's rights of access to courts and trial by jury.

John Vail of the Center had filed an amicus brief in the state court. As Counsel of Record in the Supreme Court he argued that the Federal Arbitration Act (FAA) does not apply to this case and that if it did the FAA would be unconstitutional.

AAJ's Amicus Curiae Brief in NM Supreme Court: Nicholas Lisanti v. Alamo Title Insurance of Texas
Center For Constitutional Litigation Opposition to Certiorari: Nicholas Lisanti v. Alamo Title Insurance of Texas