COURT DISMISSES FRAUD-BASED CHALLENGES TO PARTY-APPOINTED ARBITRATOR BROUGHT ANEW AFTER LOSING APPEALS
Trustmark Insurance Company challenged in court the impartiality of John Hancock Life Insurance Company’s party-selected arbitrator. As we have reported at each stage, Trustmark’s challenge lost at the district court, lost in the Seventh Circuit, and was denied review by the U.S. Supreme Court. Trustmark then filed a second amended complaint, in an attempt to avoid the issues it lost on appeal, including new fraud allegations. Trustmark also brought a Rule 60(b)(3) motion for relief from the court’s original order, based on alleged fraud by the opposing party. The court dismissed the new claims in the second amended complaint and denied the 60(b)(3) motion, finding it time-barred. Trustmark Ins. Co. v. John Hancock Life Ins. Co., No. 1:09-cv-03959 (USDC N.D. Ill. Nov. 15, 2011).
This post written by John Pitblado.
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