A collection of the most recent U.S. international arbitration decisions is available here. Decisions can be quickly retrieved by using the filter tools below.
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Norfolk Southern Railway Company v. Sprint Communications Company, L.P., No. 2:15-CV-00016-AWA-RJK (E.D. Va. Aug. 26, 2016)08/26/2016
Court denied motion to vacate arbitration award, finding that there was no valid basis to overturn arbitral tribunal’s majority decision. Court rejected contentions that arbitral tribunal did not follow the parties’ instructions and that it had terminated the arbitral process prematurely.
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Craddock v. LeClair Ryan, No. 16-1423 (4th Cir. Aug. 26, 2016)08/26/2016
Court dismissed appeal of order directing arbitration. Court held that a stay order was neither a final order nor an appealable interlocutory or collateral order and thus not subject to appeal.
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In re Cox Enter., Inc. Set-top Cable Television Antitrust Litig., Nos. 15-6078, 15-6077 (10th Cir. Aug. 26, 2016)08/26/2016
Circuit court affirmed district court’s grant of motion to compel arbitration, finding that dispute falls within the scope of the arbitration clause and defendant did not waive its right to arbitration. Court held that plaintiff’s argument that defendant’s promises were illusory amounts to a challenge to the contract as a whole and is therefore a question to be determined by the arbitrators.
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Capelli Enterprises, Inc. v. Fantastic Sams Salons Corp., No. 5:16-CV-03401 (N.D. Cal. Aug. 26, 2016)08/26/2016
Court denied motion for temporary injunction on AAA arbitration. Court held plaintiffs did not establish a sufficient likelihood of success or serious question to succeed in a temporary restraining order. Court reasoned that incorporation of AAA arbitration rules indicated delegation of arbitrability questions to the arbitrator.
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Hawthorne v. BJ's Wholesale Club, No. 3:15-CV-00572 (E.D. Va. Aug. 26, 2016)08/26/2016
Court granted motion to compel arbitration. Court rejected plaintiff’s contention that the arbitration agreement did not apply to former employees, holding that the plain text of the agreement suggested otherwise. Court likewise found that there was no evidence of unconscionability since the contract contained an opt-out clause for the arbitration provision. Court further held that plaintiff’s contention that defendant’s alleged breach made the arbitration provision inapplicable was an issue to be decided by the arbitrators.
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Balfour Beatty Construction, LLC v. ABG Caulking Contractors, Inc., No. 1:16-CV-22041-CMA (S.D. Fla. Aug. 25, 2016)08/25/2016
Court confirmed AAA award, rejecting argument that the award should be modified to reduce it by amounts subsequently withheld from defendant by plaintiff and to account for expected insurance payments. Court reasoned such arguments might be appropriate at the collections stage, but were not supported by the FAA’s limited grounds for modification.
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Arnold v. Grill, No. 4:16-CV-00328-GKF-PJC (N.D. Okla. Aug. 25, 2016)
08/25/2016Court granted defendants’ motion to compel arbitration. Court held that plaintiff had not raised a material dispute regarding whether she signed the arbitration agreement at issue.
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Flannery v. Thermasteel Corp., Inc., No. 1:13-CV-00038 (D.V.I. Aug. 25, 2016)08/25/2016
Court denied alternative motion to compel arbitration. Court held that a non-party to the agreement could not be compelled to arbitrate.
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IQ Products Company v. WD-40 Company, No. 4:12-CV-01652 (S.D. Tex. Aug. 25, 2016)08/25/2016
Court adopted magistrate judge’s memorandum and recommendation to confirm arbitration award. Court held that there had been at least a “plausible” reason to compel arbitration and rejected objections to confirmation based on arguments that the order to compel had been “groundless.”
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Daskalakis v. Forever 21, Inc., No. 1:15-CV-01768 (E.D.N.Y. Aug. 25, 2016)08/25/2016
Court granted motion to compel arbitration. Court rejected argument that the agreement was invalid because it was missing key terms, reasoning that where a complete, signed arbitration agreement is presented to the court, missing terms such as the identity of the arbitrator may be filled in by the court if the parties are unable to agree. Court stayed the action pending arbitration.
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CareMinders Home Care, Inc. v. Concura, Inc., No. 16-10112 (11th Cir. Aug. 25, 2016)08/25/2016
Court affirmed decision confirming arbitration award. Court held that the district court had not abused its discretion in declining to treat appellant’s cross-motion as a motion to vacate and that, in any case, appellant had failed to allege sufficient grounds for vacatur.
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Nicosia v. Amazon.com, Inc., No. 15-00423-CV (2d Cir. Aug. 25, 2016)08/25/2016
Court vacated district court’s dismissal for failure to state a claim because it was allegedly subject to mandatory arbitration and affirmed denial of plaintiff’s motion for preliminary injunction. While district court had granted defendant’s motion to dismiss for failure to state a claim, reasoning that the claim was subject to mandatory arbitration, circuit court held that there remained a reasonable dispute as to whether plaintiff was bound by the arbitration clause.
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Robinson v. OnStar, LLC, No. 3:15-CV-01731 (S.D. Cal. Aug. 25, 2016)08/25/2016
Court granted motion to compel arbitration. Court rejected plaintiff’s argument that arbitration agreement, which it determined was valid and applicable to the dispute, was unconscionable. Court reasoned that defendant’s ability to modify terms unilaterally was irrelevant because it was never exercised; and rejected plaintiffs contentions that the agreement was procedurally unconscionable because it was a contract of adhesion.
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Recom Corp. v. Miller Bros., Inc., No. 2:16-CV-03320, No. 34 (D.N.J. Aug. 24, 2016)08/24/2016
Court denied motion to vacate arbitration award. Court held that plaintiff lacked standing to bring vacatur action and dismissed for lack of subject matter jurisdiction, declining to reach other alleged grounds. Court reasoned that petitioner had failed to allege actual injury to itself.
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Engle v. Kisco Senior Living, LLC, No. 6:15-CV-01819 (M.D. Fla. Aug. 24, 2016)08/24/2016
Court denied alternative motion to stay and compel arbitration. Court refused to permit a non-signatory to an employment contract to compel arbitration on that contract, holding that the asserted agency relationship was not sufficiently close to permit it to invoke the arbitration clause.
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Bamberger Rosenheim, LTD. v. OA Dev., Inc., No. 1:15-CV-04460-ELR (N.D. Ga. Aug. 24, 2016)08/24/2016
Court granted in part and denied in part cross motions to confirm and modify arbitration award. Court rejected argument that arbitrator had exceeded his authority in considering a defamation counter-claim in a real estate fee dispute. However, court reduced the award with respect to those defamatory statements the arbitrator stated he would not consider.
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Zurich Am. Ins. Co. v. TSL Staff Leasing, Inc., No. 1:15-CV-08696 (N.D. Ill. Aug. 24, 2016)08/24/2016
Court granted motion to confirm AAA arbitration award. Court rejected defenses alleging that arbitrators had exceeded their authority by granting pre-hearing security and improperly calculating the award amount, or, in the alternative, that the award is unenforceable under Texas law. It reasoned that arbitrators have broad powers – including as stated in the AAA Rules – to impose interim measures and to fashion remedies.
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Ivie v. Multi-Shot, LLC, No. 2:16-CV-00166 (S.D. Tex. Aug. 24, 2016)08/24/2016
Court granted motion to stay and compel arbitration. Court rejected defense of substantive unconscionability based on excessive costs of arbitration and procedural unconscionability based on multiple contracts defenses presented by defendant. Court declined to consider defense that dispute was not within scope of arbitration agreement, finding that parties had agreed to arbitrate arbitrability.
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Sanzone-Ortiz v. Aetna Health of California, Inc., No. 3:15-CV-03334 (N.D. Cal. Aug. 24, 2016)08/24/2016
Court granted motion to compel arbitration, declining to hear oral argument. Court had previously ordered to compel arbitration of claimant’s case and held that the new claim presented in the amended complaint was subject to the same logic. Court emphasized that “under recent Supreme Court decisions, the Department of Labor cannot shield ERISA claims from arbitration absent a clear ‘congressional command.’”
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In re Ashley Madison, No. 4:15-MD-02669-JAR (E.D. Mo. Aug 24, 2016)08/24/2016
Court granted in part motion to compel discovery relating to contemplated motion to stay proceedings and compel arbitration. Court reasoned that plaintiffs were entitled to full and complete discovery on questions relevant to the court’s ultimate determination of whether they would be permitted to proceed as a class action or compelled to arbitrate individually. Requests not “reasonably necessary” to address motion to compel were denied.
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Merck & Co., Inc. v. Pericor Therapeutics, Inc., No. 1:16-CV-00022 (S.D.N.Y. Aug. 24, 2016)08/24/2016
Court granted petition to confirm and denied petition to vacate AAA arbitral award. Court held that the challenge to the award did not satisfied the burden of demonstrating arbitrator bias or sufficiently “clear evidence of impropriety” to justify post-arbitration award discovery. It likewise rejected theories that the arbitrators manifestly disregarded the law or failed to render a final decision.
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Nat’l Union Fire Ins. v. Beelman Tuck Co., No. 1:15-CV-08799 (S.D.N.Y. Aug. 24, 2016)08/24/2016
Court granted motion to compel nine related companies to arbitrate an insurance dispute under the FAA, but denied motion of one company to compel third-party insurance broker to join in the arbitration. Court held that valid arbitration agreements bind parties thereto, including all subsidiaries and affiliates. However, a non-signatory third party could not be compelled to arbitrate based on alleged incorporation by reference or estoppel.
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Nascimento v. Anheuser-Busch Cos., LLC, No. 2:15-CV-02017 (D.N.J. Aug. 24, 2016)08/24/2016
Court granted motion to compel arbitration. Court held that parties were bound by a valid arbitration agreement and therefore subject to arbitration, dismissing defendant’s defenses that agreement was invalid because it did not contain explicit waiver of jury trial (or was not enforceable in this regard), was modifiable and therefore illusory, or unconscionable because it “unduly” restricted discovery and required parties to keep the award confidential.
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Johnson v. Thompson-Smith, No. 16 C 1182 (N.D. Ill., Aug. 23, 2016)08/23/2016
Action seeking damages from arbitrator appointed by Illinois Workers Compensation Commission (IWCC), as well as from two IWCC directors for failing to properly supervise arbitrator, for harms allegedly suffered in connection with the dismissal of an arbitration action dismissed with prejudice. Court held that arbitrator enjoyed absolute judicial immunity from suit for all acts taken within the scope of her adjudicative duties and that plaintiff has provided nothing to suggest that arbitrator acted “in the clear absence of jurisdiction.” Further, as public officials, the IWCC directors enjoy qualified immunity, since the plaintiff’s complaint fails to allege the violation of a clearly established statutory or constitutional right. Moreover, even in the absence of immunity, plaintiff has failed to state plausible claims.
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Alfonso v. Maggies Paratransit Corp., No. 1:16-CV-00363 (E.D.N.Y. Aug. 23, 2016)08/23/2016
Court granted motion to compel arbitration and stayed proceedings. Court held that arbitration agreement was valid and rejected plaintiff’s defenses based on interpretations of labor laws and allegations of unconsionability that effectively restated the former.
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Alberts v. Royal Caribbean Cruises, Ltd., No. 15-14775 (11th Cir. Aug. 23, 2016)08/23/2016
Circuit court affirmed order to compel arbitration under the New York Convention. Upon de novo review, court affirmed that employment contract performed by a US national while traveling to or from a foreign state “envisages performance . . . abroad” and therefore permits recourse to the New York Convention.
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Heston v. GB Capital Holdings, LLC, No. 3:16-CV-00912 (S.D. Cal. Aug. 23, 2016)08/23/2016
Court granted in part motion to compel arbitration and dismissing the action. Court held that dispute was governed by a valid arbitration agreement and therefore subject to arbitration under the FAA.
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Tompkins v. 23ANDME, Inc., No. 5:13-CV-05682-LHK (9th Cir. Aug. 23, 2016)08/23/2016
Circuit court affirmed order compelling arbitration. Court held that arbitration clause was not unconscionable and thus enforceable under the FAA. Court rejected plaintiffs’ contention that the joint presence of a prevailing party clause, forum selection clause, clause excluding intellectual property claims from arbitration, one year statute of limitations, and clause granting defendant right to modify terms of service, rendered the arbitration agreement unenforceable.
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Velasquez v. WCA Mgmt. Co, L.P., No. 4:15-CV-02329 (S.D. Tex. Aug. 23, 2016)08/23/2016
Court denied motion in the alternative to dismiss certain claims in favor of arbitration. Court held that arbitration provision was procedurally unconscionable and therefore invalid because, inter alia, plaintiffs, who did not speak English, were not provided with Spanish-language copies of the agreements or explanations in spite of their requests.
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Ohio Land Management, LLC v. Chesapeake Exploration, L.L.C., No. 4:15-CV-001754 (N.D. Ohio Aug. 22, 2016)08/22/2016
Court denied motion to compel arbitration. The arbitration provision in an amended lease signed by a party that had filed for bankruptcy prior to executing the document is unenforceable because, at the time the amended lease was executed, that party did not have the interest necessary to effectively execute the agreement.
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Gingras v. Rosette, No. 1:15-CV-00101 (D. Vt. Aug. 22, 2016)08/22/2016
Court granted motion to stay proceedings pending appeal of court’s refusal to compel arbitration. Court held there was no automatic right to stay pending appeal of arbitrability decision but that discretionary factors favored such a stay.
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Gonzalez v. Sterling, Inc., No. 1:16-CV-02127 (N.D. Ill. Aug. 22, 2016)08/22/2016
Court granted motion to dismiss case with prejudice for failure to adhere to arbitration agreement’s limitations requirements. Court held that plaintiff failed to meet the FAA’s standard for challenging the application of an arbitration agreement, which are limited to “generally applicable contract defenses, such as fraud, duress, or unconscionability,” and rejected plaintiff’s arguments grounded in equity. Because plaintiff had failed to file her claim with the applicable arbitration mechanism within the contractual time limit, court held plaintiff waived her claims.
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Goldman v. Citigroup Glob. Mkts. Inc., No. 2:12-CV-04469 (3d Cir. Aug. 22, 2016)08/22/2016
Circuit court affirmed district court’s order denying motion to vacate a FINRA arbitral award for lack of subject matter jurisdiction. Court affirmed that FAA does not provide a federal cause of action for vacating arbitration awards and agreed with district court that plaintiffs provided no federal cause of action.
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City of New York v. Golden Dev. & Constr. Corp., No. 1:15-CV-04462 (E.D.N.Y. Aug. 22, 2016)08/22/2016
Court granted motion to confirm award and enter default judgment, including costs and prejudgment interest. Court found no evidence of arbitral impropriety and confirmed the ex parte arbitral award, noting that the attorney fees requested were “reasonable” and that such awards are “final and binding” for purposes of calculating prejudgment interest.
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Morris v. Ernst & Young, No. 13-16599 (9th Cir. Aug. 22, 2016)08/22/2016
Circuit court vacated district court order compelling individual arbitration. Circuit court held that FAA savings clause did not compel courts to enforce an arbitration agreement that was improper under the Federal Labor Relations Act.
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Preferred Care, Inc. v. Howell, No. 7:16-CV-00013 (E.D. Ky. Aug. 19, 2016)08/19/2016
Court granted motion to compel arbitration and stayed proceedings. The court held that the FAA compelled arbitration because the dispute was subject to a valid arbitration agreement. It declined to enjoin plaintiff from court proceedings and stayed the action instead.
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Santos v. Wincor Nixdorf, Inc., 1:16-CV-00440 (W.D. Tex. Aug. 19, 2016)08/19/2016
Court denied motion to compel arbitration. Court held that parties could not be compelled to arbitrate where they had not agreed to do so and declined to find that defendant, who had not signed the arbitration agreement, was nevertheless bound by it based on an intertwined-claims estoppel theory.
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Smith v. Citibank, No. 4:16-CV-00092-SA-JMV (N.D. Miss. Aug. 19, 2016)08/19/2016
Court ordered parties to submit to binding arbitration where parties agreed to arbitration.
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Trs. of the New York City Dist. Counc. of Carpenters Pension Fund v. Pisgah Builders, Inc., No. 1:16-CV-02259-AJN (S.D.N.Y. Aug. 19, 2016)08/19/2016
Court granted petitioners’ petition to confirm an arbitration award. Court held that where respondent had neither appeared nor responded to oppose the uncontroverted petition, despite a court initiated extension of time, the reasons for the award were justifiable on the record and could be inferred from the arbitrator’s decision.
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Pralle v. Dollar Gen. Corp., No. 5:16-CV-04057-SAC (D. Kan. Aug. 19, 2016)08/19/2016
Court granted motion to compel arbitration and stay action. Court noted that whether parties entered into an agreement to arbitrate “is an issue for judicial determination” because the parties have not clearly and unmistakably provided otherwise and, in finding a valid arbitration agreement, entered order to compel arbitration.
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A.D. v. Credit One Bank, N.A., No. 1:14-CV-10106 (N.D. Ill. Aug. 19, 2016)08/19/2016
Court granted motion to compel arbitration and denied motion to dismiss for lack of subject matter jurisdiction. Court held that defendant was reasonably diligent as it had no basis until recently to demand arbitration and had not waived its right to arbitrate. Court also held that minor was an “authorized user” of her mother’s credit card and is therefore bound by the terms of the contract signed by the mother and not the minor.
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Preferred Care, Inc. v. Howell, No. 7:16-CV00013-ART-EBA (E.D. Ky. Aug. 19, 2016)08/19/2016
Court granted motion to compel arbitration and denied motion to enjoin defendant’s state court action. Court held that parties agreed to arbitrate and that defendant’s claims fell within the scope of the arbitration agreement. Court also held that FAA is silent on whether a court must stop a related state-court proceeding involving the arbitrable issues and that the Anti-Injunction Act would permit such to protect the court’s order, but that the injunction should not be necessary to protect or effectuate the court’s order compelling arbitration.
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Schultz v. Verizon Wireless Servs., LLC, No. 15-2415 (8th Cir. Aug. 19, 2016)08/19/2016
Circuit court affirmed district court’s order compelling arbitration. Court held that district court did not err in determining that parties did not reach an enforceable settlement agreement of their claims and that district court properly found that parties agreed in their pleadings and prior consent to the matter being sent to arbitration.
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Scott v. Cricket, No. 1:15-CV-03330-GLR (D. Md. Aug. 19, 2016)08/19/2016
Court granted motions to remand to state court where plaintiff initially filed both a putative class action complaint alleging a violation of the Magnuson-Moss Warranty Act which defendant removed to federal court, and then a second action “Petition to Stay Threatened Arbitration.” Court held that defendant failed to prove federal jurisdiction by a preponderance of the evidence and, absent Class Action Fairness Act or federal question jurisdiction over the complaint, there was no jurisdiction under the “look through” doctrine.
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Santos v. Wincor Nixdorf, Inc., No. 1:16-CV-00440-RP (W.D. Tex. Aug. 19, 2016)08/19/2016
Court denies motion to compel arbitration. In holding that state contract law, rather than federal common law, controls whether a non-signatory to an arbitration agreement can be bound by that agreement, court rejected an estoppel theory based on intertwined claims as basis for compelling a non-signatory to arbitrate.
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Mercadante v. XE Servs., LLC, No. 1:11-CV-01044-CKK (D.D.C. Aug. 19, 2016)08/19/2016
Court held in abeyance defendants’ motion to dismiss in order to permit plaintiffs a final opportunity to perfect their arbitration demands and to proceed to arbitration before the AAA. Court held plaintiffs have not moved with alacrity to arbitration as court expected and thus plaintiffs were ordered to file a status report demonstrating continued progress in pursuing arbitration of its claims.
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Sbrmcoa, LLC v. Bayside Resort, Inc. A Corp., No. 3:06-CV-00042-CVG-RM (D.V.I. Aug. 19, 2016)08/19/2016
Court provided reasoning for its earlier grant of motion to dismiss action and refer it to arbitration. Court reasoned that under the FAA, a court’s inquiry into the validity of the underlying contract is limited to the formation of the contract as a whole or to the validity of the arbitration clause, and held that an ultra vires challenge to different parts of the agreement is a matter for arbitrators to decide.
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Weirton Med. Ctr., Inc. v. QHR Intensive Res., LLC, No. 5:15-CV-00130-FPS (N.D.W. Va. Aug. 19, 2106)08/19/2016
Court granted motion to amend a previously confirmed arbitration award to include continuing interest awarded by the arbitrator and the prejudgment interest stipulated to by the parties. Court held that the final award expressly stated that it was issued in accordance with the findings of fact and conclusions of law which included the award of continuing interest.
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Star Ins. Co. v. Nat’l Union Fire Ins. Co. of Pittsburgh, PA, No. 15-1403 (6th Cir. Aug. 18, 2016)08/18/2016
Circuit Court vacated arbitration awards and reversed district court’s judgment confirming them, finding that arbitrator’s ex parte communications with prevailing party, contrary to arbitration agreement and scheduling orders, constituted “misconduct prejudicing a party’s rights” warranting vacatur under Michigan law.
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Inetianbor v. Cashcall, Inc., No. 0:13-CV-60066-JIC (S.D. Fla. Aug. 18, 2016)08/18/2016
Court denied motion to compel arbitration, holding that circuit court’s finding that other plaintiffs’ arbitration agreements were unenforceable applied to instant plaintiffs’ similar arbitration agreements under the “law of the case” doctrine.