· 7/7/2005
L.P. Consulting Group, Inc. v. United States
Citations
- 66 Fed. Cl. 238
- 2005 U.S. Claims LEXIS 182
- 2005 WL 1592954
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding since Chapter 2711 provides the exclusive statutory remedy which parties must use in appealing arbitration awards, an action in declaratory judgment cannot be maintained
- stating that “[Ohio Rev.Code Ann. § 2711.13] provides a three-month period within which a party must file a motion to vacate, modify, or correct an arbitration award.... If an application is filed after this period, the trial court lacks jurisdiction.”
- “[w]e have held that if there is a special statutory procedure which a party must use, an action for declaratory judgment is inappropriate”
- declaratory-judgment actions are not appropriate if there are statutory procedures available, and therefore, a party cannot seek declaratory relief to challenge arbitration decisions since R.C. Chapter 2711 provides the pertinent avenue of relief
Source: CourtListener parenthetical corpus (CC0).
Judges: Allegra
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.