The Law of the Financial Markets from Top Securities Lawyers
Friday, April 19, 2024
Third Time is not a charm Whale Securities Co., L.P. v. Godfrey, No. 565 (App. Div., 1Dept., 4/4/00): When SAC summarized the decision below, 10 SAC 9(16), we set out the facts in detail and posed the question: “How would you decide?” The question at hand, whether the Arbitrators engaged […]
Failure to Follow Procedure May Be Grounds for Vacatur But only if the moving party preserved its objections during the arbitration process BROOK v. PEAK INTL., No. 01-50339 (5th Cir.., 6/13/02). The underlying arbitration, which Mr. Brook lost, concerned an employment dispute over severance benefits. The Employment Agreement between the […]
Refusal to Hear Evidence is Misconduct Only if Prejudice to Fair Hearing Results Woodley vs. Auerbach, Pollack & Richardson, Inc., Case NO 01-8489-CIV (SD Fla. 11-14/01) Woodley v. Auerbach, Pollak & Richardson, Inc., Case No. 01-8489-CIV-Middlebrooks (S.D. Fla., 11/14/01): An Arbitrator’s refusal to hear “pertinent and material” evidence constitutes misconduct […]
Arbitrators are not in manifest disregard of the law, where a question of fact exists that the Panel might have resolved in a number of ways First of Michigan Corp. v. Mansour, No. 228521 (Mich. App., 5/17/02). Award Challenge * Confirmation of Award * Manifest Disregard * Exceeding Powers * […]
Motion to Vacate Jurisdiction – When filing a motion to vacate an arbitration award, the court must have jurisdiction. This case holds that for Purposes of Determining Diversity Jurisdictionthe Dollar Threshold Is the Amount of the Award, not the Amount Claimed in the Underlying Controversy ED: Mmotion to vacate an […]
