Webster v. A.T. Kearney, Inc.

How courts have described this case

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

• Holding that section 6 of the FAA “preempts the applicability of the Federal Rules in favor of the rules governing motions practice”
• explaining that the FAA preempts the application of Rule 12(b)(6) and that it was error for the district court to apply those standards
• stating that a party who files a motion to vacate an award under the FAA must “provide[ ] the Court with all matters that it desires the Court to consider in support” of the motion (emphasis added) (quotation omitted)
• dismissing as untimely a motion to vacate an arbitration award filed one day beyond Section 12's three-month window
• distinguishing between filing and service and concluding “service of a motion to vacate is the act that stops the three-month statute of limitations” under the FAA
• refusing to find that the Federal Rules supersede when the FAA specifies procedures and looking to the AAA rules to define “delivery” of award under the statute

Source: CourtListener parenthetical corpus (CC0).