News & Analysis as of

Motion to Confirm Motion to Vacate

Felicello Law PC

You Can’t Always Get What You Want (In Federal Court)

Felicello Law PC on

We all know that federal courts are courts of limited jurisdiction. What does that mean in the arbitration context? Something new as of March 31st! Federal courts do not have stand-alone jurisdiction to hear any...more

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides Badgerow v. Walters

On March 31, 2022, the U.S. Supreme Court decided Badgerow v. Walters, No. 20-1143, reversing the Fifth Circuit, and holding that federal courts may only look to the application to confirm or vacate an arbitral decision in...more

Troutman Pepper

Supreme Court Parses FAA’s Statutory Language, Limiting Federal Court Jurisdiction Over Arbitration Awards

Troutman Pepper on

The U.S. Supreme Court significantly limited the jurisdiction of federal courts to confirm or vacate arbitral awards under Sections 9 and 10 of the Federal Arbitration Act (FAA) in Badgerow v. Walters. The Court confirmed its...more

Ballard Spahr LLP

U.S. Supreme Court restricts ability of federal courts to confirm or vacate arbitration awards

Ballard Spahr LLP on

Ruling on an important Federal Arbitration Act (FAA) procedural issue that has divided the circuit courts, the U.S. Supreme Court has decided that the “look-through” approach often used in determining whether federal...more

Carlton Fields

Second Circuit Affirms District Court’s Order as It Addressed Party’s Argument on Appeal

Carlton Fields on

This case arises out of an underlying arbitration between First Capital Real Estate Investments LLC and SDDCO Brokerage Advisors LLC. First Capital appealed from an order of the district court denying First Capital’s petition...more

Burr & Forman

Fifth Circuit Finds Jurisdiction Over Post-Award Proceedings Under FAA

Burr & Forman on

While the Federal Arbitration Act (“FAA”) does not provide federal subject matter jurisdiction, federal courts may nevertheless have jurisdiction over proceedings to compel arbitration if the underlying claim is “predicated...more

Carlton Fields

Court Denies Petition to Vacate Arbitration Award Based on Judicial Estoppel

Carlton Fields on

This case arises out of plaintiff John B. Napoleone’s failure to repay a sign-on bonus of $100,000 to his former employer, defendant S2K Financial LLC, under the terms of his employment agreement. S2K commenced an arbitration...more

Carlton Fields

U.S. District Court for the District of Maryland Confirms Arbitration Award

Carlton Fields on

Plaintiff David Balch entered into a contract with Oracle Corp. to close a large government contract known as the “Mega Deal.” After closing the Mega Deal, Balch received a bonus that was less than he believed he was owed....more

Carlton Fields

Court Vacates Arbitration Award on Grounds of Evident Partiality

Carlton Fields on

City Beverages LLC, doing business as Olympic Eagle Distributing, and Monster Energy Co. entered into an agreement under which Monster had exclusive distribution rights for its products in a certain territory for 20 years....more

Carlton Fields

Southern District of New York Holds That Arbitrator’s Refusal to Postpone Hearing and Consider Witnesses Not “Misconduct”...

Carlton Fields on

The petitioner moved to confirm an arbitration award, and the respondent cross-moved to vacate, claiming the arbitrator was guilty of misconduct in refusing to postpone the hearing upon the unexpected passing of a witness’...more

10 Results
 / 
View per page
Page: of 1

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