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Res Judicata Arbitration Awards

Carlton Fields

Fourth Circuit Refuses to Create a Less Deferential Standard of Review for Arbitral Decisions That Implicate Res Judicata or...

Carlton Fields on

In a dispute between Constellium Rolled Products Ravenswood LLC and a labor union, Constellium argued that an arbitrator’s award against Constellium was contrary to a prior court decision involving the same parties and...more

Carlton Fields

Denied: Pro Se Litigant’s Petition to Confirm Arbitration Award He Rendered Against Republican National Committee

Carlton Fields on

Peter Wirs has filed a series of actions against the Republican National Committee since at least 2009. Not finding success in the courts, he apparently decided to arbitrate his claims against the RNC, with “Wirs himself...more

Farrell Fritz, P.C.

Affirmatively Plead Your Defenses, or Risk “Waiving” Them Goodbye

Farrell Fritz, P.C. on

Many litigants are familiar with the well-settled rule that an affirmative defense will be waived if it is not included in a CPLR 3211(a) motion to dismiss or in the answer (see CPLR 3211[e]).   And so, lawyers tasked with...more

Carlton Fields

Appeal it All! Guarding Against Multiple, Independent Grounds

Carlton Fields on

You’ve identified a killer issue for appeal, no doubt a winner. Congratulations! You still lose. How can that be? In Novum Structures, LLC v. Choate Construction Company, Inc., 698 Fed. Appx. 608 (11th Cir. 2017), the...more

Carlton Fields

Panel Did Not Commit Manifest Disregard Of The Law When It Rejected Res Judicata Defense

Carlton Fields on

A construction company appealed an order confirming an international arbitration award, which had denied the company’s demand for unpaid monies against an Antiguan medical school. The award also granted the medical school’s...more

Hinshaw & Culbertson LLP

Arbitrator’s Award Given Preclusive Effect in Racial Discrimination Case

In Wade v. Ports America Management Corp., the California Court of Appeal, Second Appellate District held that an arbitration award, pursuant to a collective bargaining agreement, had res judicata effect on a plaintiff’s...more

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