Comprehensive Orthopaedics & Musculoskeletal Care, LLC v. Axtmayer

KATZ, J., with whom ROGERS, C. J., and PALMER, J.,

join, dissenting. The majority concludes that the arbitrator’s decision refusing to award attorney’s fees to the named plaintiff, Comprehensive Orthopaedics and Musculoskeletal Care, LLC,1 is unreviewable because, *763as long as the arbitrator rendered one of two possible awards—either awarding attorney’s fees or not awarding attorney’s fees—the award conformed to the submission. The majority reasons that the arbitrator implicitly decided that the named plaintiff had not prevailed, despite being awarded $75,000 in damages on the claim at issue,…