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Supreme Court Rules Against 'Judge Alex'

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By PETE YOST The Associated Press

Published: February 21, 2008

WASHINGTON - The U.S. Supreme Court ruled against the star of the syndicated TV show "Judge Alex" on Wednesday, saying an arbitrator must decide a fee dispute with a lawyer who claims 12 percent of the "Judge Alex" earnings.

The 8-1 decision came in a lawsuit by Alex E. Ferrer, a former Florida circuit court judge who decides minor civil disputes as TV entertainment.

Ferrer refused to pay a management fee to Arnold Preston after they had signed a contract calling for arbitration of disputes. Ferrer said Preston is not a licensed talent agent as California law requires.

Preston sought the money by starting a proceeding with the American Arbitration Association in Los Angeles. Ferrer filed a complaint with the California labor commissioner, seeking to invalidate the contract for the fees. Ferrer went to court when the labor commissioner said she lacked the power to block the arbitration.

At issue was the reach of the Federal Arbitration Act.

"When parties agree to arbitrate all questions arising under a contract, the FAA supersedes state laws," wrote Justice Ruth Bader Ginsburg.

In dissent, Justice Clarence Thomas said the Federal Arbitration Act does not apply to proceedings in state courts.

The California Court of Appeal ruled in favor of Ferrer, saying the California labor commissioner must determine the issue of whether the lawyer is required to have a license to recover money to which he says he is entitled.

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