Picciano v. Petricca

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• noting that FAA does not give arbitrators power to modify or correct awards after they are delivered
• noting that “[n]ormally, a statutory limitations period is tolled only if, for example, extraordinary circumstances beyond the claimant’s control prevented timely filing, or the claimant was materially misled into missing the deadline”
• noting that the court “need not consider whether the deadline prescribed in FAA § 12 is subject to such equitable tolling, since [appellant had] not generated a trialworthy issue as to his entitlement to invoke tolling”
• declining to apply equitable tolling and affirming district court’s denial of motion to vacate arbitration award where “[t]he decision to delay the motion to vacate was made by [plaintiff]”
• applications to modify or clarify arbitral awards do not toll the limitations period under FAA § 12
• “[A]n arbitral award is deemed ‘final’ provided it evidences the arbitrators’ intention to resolve all claims submitted in the demand for arbitration[.]”

Source: CourtListener parenthetical corpus (CC0).