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.

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

Written by:


Snow Litigation Group on:

Popular Topics
Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.

Already signed up? Log in here

*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. Or, sign up using your email address.