Friday, April 13, 2012

FindLaw ADR Summaries - April 06-12 Weekly Digest

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Weekly Opinion Summaries
ADR Cases

April 06-12, 2012 FindLaw.com Weekly ADR Newsletter
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ADR Cases

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ADR Cases

United States Second Circuit, 04/06/2012
Enmon v. Prospect Capital Corp., No. 10-2811
In a case in which a law firm was sanctioned for acting in bad faith and engaging in frivolous and vexatious litigation by opposing an arbitration, the district court's sanctions order is affirmed with modifications, where the district court acted within its discretion when it sanctioned the law firm: 1) based on its particularized findings that the firm acted without a colorable basis and in bad faith in procuring a TRO in a Texas court; 2) for its gross mischaracterization of the arbitral proceedings; 3) for filing a Rule 60(b) motion for relief from the order to compel arbitration; 4) for its voluntarily dismissed appeals of the district court's rulings on the Rule 60(b) motion and the petition to confirm the arbitral award. Read more...

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United States Federal Circuit, 04/10/2012
Norris v. Securities and Exchange Comm'n, No. 2011-3129
An arbitrator's decision affirming the petitioner's removal from his position as an SEC trial attorney is vacated, where: 1) there was no evidence that the arbitrator improperly considered ex parte information in determining the penalty to be imposed; but 2) the arbitrator erroneously failed to consider new evidence bearing upon the reasonableness of the petitioner's removal. Read more...

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