After the district court, on remand, held that laches did not bar relief, the US Court of Appeals for the Third Circuit again determined that the district court abused its discretion by not properly applying the presumption...more
Frequently, judicial opinions cite the cases that say settlement of disputes ranks high in New Jersey’s public policy. Accordingly, it is very difficult to get a trial court to set aside, and most of the time, a motion to...more
Even a court order approving an accounting may not protect a California fiduciary if the accounting is inaccurate. That’s the upshot of Hudson v. Foster (2021) ___ Cal.App.5th ___, a recent California Court of Appeal decision...more
You may have recently read on this blog that “vacating an arbitration award is an uphill battle.” As my college Hamutal G. Lieberman discussed, there are only two instances when an arbitration award may be vacated: (1)...more
A former bond trader for Odeon Capital Group obtained an arbitration award against Odeon for $1,102,193.00 on a claim for unpaid wages. Odeon then brought a petition to vacate the award on the ground of fraud, contending...more
As any seasoned commercial litigator knows, courts are generally loathe to overturn the independent decisions of arbitrators. New York County Commercial Division Justice Charles E. Ramos recently examined the standard for...more