When the appellant failed to file a motion to vacate or modify
an arbitration award, it waived its right to raise Section 10 or 11
of the Federal Arbitration Action ("FAA") as a defense to
a motion to confirm the award. Appellant argued that its
counterclaim to the petition for confirmation should have been
construed as a motion to vacate. Although a district court has
"discretion to liberally construe a poorly conceived
filing", there is no obligation for the court to
"independently inquire into the most advantageous construction
of a represented civil litigant's filing." The Court found
the counterclaim was "so vague that the district court could
not possibly have discerned a factual predicate for Section 10
The Court also upheld the District Court's decision denying
appellant's motion for reconsideration, as appellant neglected
to timely move for vacatur or respond to petitioner's
supplement to its petition for confirmation. Since a motion for
reconsideration exists for the correction of "obvious errors
or injustices" and not to put forth a new argument, the
district court did not abuse its discretion by declining to accept
appellant's belated request to construe the counterclaim as a
motion to vacate.
Careminders Home Care, Inc. v. Concura, Inc., et al., No.
16-10112 (11th Cir. Aug. 25, 2016)
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
To print this article, all you need is to be registered on Mondaq.com.
Click to Login as an existing user or Register so you can print this article.
With the recent proliferation of web accessibility demand letters and lawsuits, businesses often ask whether settling a claim with one plaintiff will bar future lawsuits brought by different plaintiffs.
On January 19, 2017, the Ninth Circuit affirmed a district court's denial of Samsung's motion to compel arbitration by the named plaintiff in a class action alleging that Samsung made misrepresentations as to the performance of the Galaxy S4 phone.
On Monday, a federal district court in the Southern District of New York granted a motion to compel arbitration in Bethune v. Lending Club Corporation, et al., a closely watched putative class action raising important...
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).