Photo of Brenda Phelps

Brenda is a Senior Associate in the Mass Tort & Product Liability group.

In October 2023, a New York medical doctor sat down for a fateful meal with her husband and her mother-in-law at a Florida restaurant owned by the adjacent theme park.[1] The doctor, who suffered from severe nut and dairy allergies, received numerous confirmations from restaurant staff that the food she ordered complied with her dietary restrictions.[2] Before selecting the restaurant, she relied on statements made on the theme park company’s website that the restaurant offered allergen-free foods.[3] After dinner, while perusing nearby shops by herself and away from her family, the doctor suffered a severe allergic reaction.[4] She self-administered an epi-pen and was rushed to the hospital but died as a result of anaphylaxis due to elevated levels of dairy and nut in her system.[5]

On May 16, 2024, the Supreme Court of the United States (“SCOTUS”) unanimously held that when a district court finds that when a lawsuit involves an arbitrable dispute and a party has requested a stay of the court proceeding pending arbitration, the Federal Arbitration Act (“FAA”) compels the court to issue a stay and the court does not have discretion to dismiss the action.  Smith v. Spizzirri, 601 U.S. 472 (May 16, 2024) (citing 9 U. S. C. §3).