· 8/30/2013
Kolel Beth Yechiel Mechil of Tartikov, Inc. v. YLL Irrevocable Trust
Citations
- 729 F.3d 99
- 2013 WL 4609100
- 2013 U.S. App. LEXIS 18142
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that denial of vacatur “was appropriate because a reasonable person would not ‘have to’ conclude that [the arbitrator] was partial to [the plaintiff], or biased against [the defendants]” (citation omitted)
- stating that under FAA court may only modify or vacate award on grounds permitted by statute
- explaining an arbitrator “is not required to hear all the evidence proffered by a party”
- stating that “[a] motion for reconsideration should be granted only when [a party] identifies an intervening change of controlling law, the availability of new evidence, or the need to correct a clear error or prevent manifest injustice.” (Internal quotation marks omitted)
- “The Panel’s decision to hear only one witness does not make the arbitration fundamentally unfair.”
- “[T]he burden of proof necessary to avoid confirmation of an arbitration award is very high, and a district court will enforce the award as long as ‘there is a barely colorable justification for the outcome reached.’”
Source: CourtListener parenthetical corpus (CC0).
Judges: Pooler, Livingston, Goldberg
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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