By Thomas J. Stipanowich The thrust of the majority opinion authored by Justice Alito was to shun the rationale of the plurality in the Court’s earlier decision in Green Tree Financial Corp. v. Bazzle, 539 U.S. 444 (2003)), which characterized the question of whether class arbitration as a matter of “procedure” growing out of the [...]
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[Hat tip to our blog contributor Peter S. Vogel] The United States Court of Appeals for the Tenth Circuit held that an arbitrator did not act with manifest disregard of the law when he turned to extrinsic evidence to determine the parties’ intent. The court also granted sanctions to compensate the company for unnecessary legal [...]
As the United States Court of Appeals for the Fifth Circuit decides more “manifest disregard” of the law cases, we thought that you might be interested in reading our guest-post published at the Loree Reinsurance and Arbitration Law Forum earlier this year. Check it out! Hall Street Meets S. Maestri Place: What Standards of Review [...]
In United Forming, Inc. v. Faulknerusa, LP, No. 09-50073 (5th Cir. Oct. 27, 2009), FaulknerUSA, LP (Faulkner) is the general contractor at a construction project; United Forming, Inc. (United) is a sub-contractor; and Continental Casualty, Co. (Continental) is the surety of their agreement. After a dispute over United’s work, the parties submitted their claims to [...]
Over the past year, the circuit courts have differed over whether the “manifest disregard of the law” doctrine survives the U.S. Supreme Court’s holding in Hall Street. Hall Street Assoc. v. Mattel, Inc., 128 S. Ct. 1396 (2008). In a recent article, Philip J. Loree Jr. analyzes the Second Circuit’s interpretation of Hall Street in [...]
This week, a Court of Appeals for the State of Wisconsin decided Sands v. Menard, Inc., No. 2008AP1703, 2009 WI App 70. Sands is a former general counsel for Menard, Inc. Her employment was terminated following a dispute over compensation. Pursuant to a mandatory arbitration agreement, Sands submitted her claims to an arbitration panel. The [...]
GUEST-POST | Stolt-Nielsen Opens More Doors Than It Closes
By S.I. Strong Although the decision in Stolt-Nielsen S.A. v. AnimalFeeds International Corp. is being read by some as signaling the end of class arbitration –not just as we know it, but in virtually all possible forms– the opinion actually goes nowhere near that far. Instead, the 5-3 opinion can be largely limited to its [...]
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