VARIOUS DECISIONS WITH RESPECT TO ARBITRATION AWARDS
Arbitration Awards Confirmed:
Dauphin Precision Tool v. United Steelworkers of Am., No. 08-2598 (3d Cir. July 15, 2009) (affirming award, finding that the Appellant had neither made a clear showing of bias nor established a manifest disregard of the law);
Verizon v. Commc’ns Workers of Am., No. 08-7092 (D.D.C. July 10, 2009) (reversing district court order granting summary judgment; upholding the award, concluding that the award draws its essence from the collective bargaining agreement);
Vitarroz Corp. v. G. Willi Food Int’l Ltd, Case No. 05-5363 (USDC D. N.J. June 26, 2009) (confirming the award, finding that the panel did not manifestly disregard the law) (an Amended Order and Final Judgment was later entered in favor of the plaintiffs);
Teamsters Local 945 v. Waste Mgmt., Inc., Case No. 08-3471 (USDC D. N.J. June 18, 2009) (confirming the award as the award draws its essence from the collective bargaining agreement);
Nat’l Union Fire Ins. Co. v. Excel Staffing Servs. Inc., Case No. 08-7249 (USDC S.D.N.Y. June 17, 2009) (confirming an arbitration award);
Franko v. Ameriprise Fin. Servs., Inc., Case No. 09-09 (USDC E.D. Pa. June 11, 2009) (confirming the award; Petitioners failed to establish that the Panel manifestly disregarded the law on several theories);
Award Vacated:
Augusta Capital, LLC v. Reich & Binstock LLP, Case No. 09-0103 (M.D. Tenn. July 10, 2009) (vacating the award, finding that the panel exceeded its powers);
Order Vacated:
Certain Interested Underwriters at Lloyds v. Pinehurst Accident Reins. Group, Case No. 08-2950 (USDC D. N.J. May 20, 2009) (vacating prior order confirming award and remanding award to the arbitrator for clarification as the award was ambiguous) (on a motion for reconsideration, questions were certified to the panel);
Lack Of Jurisdiction:
Azteck Commc’ns v. UPI Commc’ns, Inc., Case No. 09-0690 (USDC S.D. Tex. June 15, 2009) (dismissing the case under Rule 12(b)(1) because no basis for federal subject-matter jurisdiction was identified).
This post written by Dan Crisp.
