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Business Law and Ethics

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4. The case law and statutes recognizing the authority of arbitrators grant arbitrators immunity from being subpoenaed from all trial proceedings. This immunity developed out of the common law but has been codified in most jurisdictions. Courts also possess the right to award attorney fees and other costs against anyone who attempts to subpoena an arbitrator. This immunity extends to any civil liability that may extend to an arbitrators participation in an arbitration proceeding







5. The issue presented by the Atomic Mushrooms is a good one. Although the practice of requiring mushroom growers to contribute to the industry advertising is one based on sound governmental reasoning there is a compelling and equally sound reasoning based on Atomic Mushrooms First Amendment rights. As good as the forced advertising might be for the mushroom industry the question must be asked why such conditions are not placed on every industry. Atomic Mushroom has a potentially viable argument based upon its First Amendment rights and the fact that the circumstances under which the advertising requirements were originally required, that is, the state of the economy in general and the mushroom industry specifically no longer exist obviating the need for government protection. Atomic Mushroom