Bajio, LLC v. Brad Woodward, Sanford Woodward, and Bajio Mountain West, LLC

Ruling on Motion to Vacate Arbitration Award


PADRM (Pia Anderson Dorius Reynard & Moss, LLC) attorneys led by partners Rob Reynard, Kendra Shirey and Bill Kimball were successful in getting the Fourth District Court to vacate entirely a $8.4 Million Arbitration Award (the "Award") entered against PADRM's client Bajio Mountain West, LLC ("BMW"), which acquired the Bajio Mexican Grill restaurant chain from Bajio, LLC, a Doctor's Associates, Inc's brand (which also owns the Subway chain of restaurants).

Utah's Fourth District Court issued its Ruling on Motion to Vacate Arbitration Award on November 13, 2012. In vacating the Award, the Court found that the arbitrator exceeded his authority in showing a manifest disregard for Utah law in entering an Award against BMW and Bajio. The Court also found that because BMW was not given proper statutory notice of the arbitration, the arbitrator's failure to comply with Utah Code Ann. 78B-11-110 was an additional basis to vacate the award against BMW.

The Award was "vacated because notice of the arbitration hearing was deficient as to BMW, and more importantly, the arbitrator exceeded his authority." Pia Anderson Dorius Reynard & Moss, LLC ("PADRM") congratulates its client Bajio Mountain West, LLC, an Abundant Brands, LLC company.

LOADING PDF: If there are any problems, click here to download the file.

Written by:

Published In:

Reference Info:Decision | | United States

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Tyson B. Snow, Snow Litigation Group | Attorney Advertising

Don't miss a thing! Build a custom news brief:

Read fresh new writing on compliance, cybersecurity, Dodd-Frank, whistleblowers, social media, hiring & firing, patent reform, the NLRB, Obamacare, the SEC…

…or whatever matters the most to you. Follow authors, firms, and topics on JD Supra.

Create your news brief now - it's free and easy »

All the intelligence you need, in one easy email:

Great! Your first step to building an email digest of JD Supra authors and topics. Log in with LinkedIn so we can start sending your digest...

Sign up for your custom alerts now, using LinkedIn ›

* With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name.