-
Before: POOLE, WIGGINS and RYMER, Circuit Judges.
MEMORANDUM**
Gary Paul Griffiths appeals the...
-
The 2nd Circuit ruled that collateral estoppel does not apply when there are inconsistent prior awards, particularly where the immediately preceding award on the issue in dispute was in favor of the party against whom collateral estoppel was sought. A company called "1109580 Ontario" initiated an NASD arbitration proceeding against Bear Stearns and a Bear Stearns executive, in connection with its actions as the clearing broker for A.R. Baron & Co, charged with perpetrating a massive securities fraud. The arbitrators denied Ontario's motion for judgment against Bear Stearns based on collateral estoppel. The court said that collateral estoppel does not apply when there are inconsistent judgments.
-
...Who Is the "User" of a Claim System . Collateral Estoppel Bars Metabolite from "Eating Its Cake" . ... Broad Removal Jurisdiction Based on Arbitration Provision . Court Slices Up Damage Claim with Lase...
-
...Petitioner filed a motion to compel arbitration of the pendent state claims under the parties' agr...The formulation of collateral-estoppel rules affords adequate protection to that...
-
...) denial of their motions to stay an arbitration between Chevron Corporation and Ecuador. On app..., argue for a stay on various estoppel theories. We hold that Ecuador's waiver and estopp... of the arbitration based on equitable, collateral, or judicial estoppel. . AFFIRMED. . ...
-
Civil Procedure
Res judicata
... claims were barred under res judicata, collateral estoppel, and arbitration and award, and plaintiff...
-
... The grievance was ultimately taken to arbitration, and the arbitrator ruled against petitioner, find... claims were barred by res judicata and collateral estoppel. Held:. In a 1983 action, a federal cou...
-
Bryan Cave and one of its former attorneys are facing more than $10 million in damages after a losing a malpractice suit.
New York Judge Barbara Jaffe earlier this month approved an October jury verdict with $5.15 million in damages against the St. Louis-based firm and retired attorney Jerome Boros. The damages will add up to about $10 million after interest is added, said Thomas Monahan, one of the plaintiff's attorneys.
... lawsuit was filed in 2003 after an arbitration proceeding between the plaintiff, Herbert Feinberg... that the arbitration award, through collateral estoppel, would preclude his suit against an accou...
-
... in Ecuador, Chevron commenced an arbitration proceeding under the United States–Ecuador Bilat... from prosecuting it on grounds of estoppel and/or waiver. Finally, on February 1, 2011, Che... estoppel, judicial estoppel, and collateral estoppel. It first noted that, because Chevron's a...
-
... The district court confirmed an. arbitration award and later entered summary judgment against t...of claim preclusion, judicial estoppel, invited error, and. payment." . ...2003). ("Application of [collateral] estoppel following arbitration . . . may be probl...