Plaintiff Finds Way Around JAMS Deadline The next case illustrates the fundamental point that an arbitration award is not the same as a judgment, and that even after the time has expired under the governing arbitration rules to amend the award, it may still be possible to amend the judgment confirming the award. Butler […]
Petition Was Filed In Time, But Not Properly Served In Time Condo owners with 70-year lease terms were subject to a readjustment of monthly rental after 30 1/2 years. The owners arbitrated the rental readjustment with their lessor, and the outcome was devastating (from the owners’ perspective): a 27-fold increase in average lease payments, […]
Watch Deadlines And Exhaustion Requirements And Hope That It Works Out . . . The next case would be even more impenetrable without the helpful glossary of 15 acronyms at the end. Some of our favorites: CMRS (Commercial Mobile Radio Service), DTMF (Dual Tone Multi-Frequency signaling), LEC (Local Exchange Carrier), ILEC (Incumbent Local […]
Look to the Scope of the Arbitration Provision to Determine Whether Costs Need to Be Addressed by the Arbitrator or the Court The plaintiff, a patient alleging malpractice, suing through his guardian ad litem, lost a first arbitration against a doctor. Unfortunately for the doctor, his party arbitrator had an ex parte contact […]