Legal Opinion
Positive Software Solutions, Inc. v. New Century Mortgage Corp.
Court of Appeals for the Fifth Circuit
Decided February 6, 2006No. 04-11432PublishedCited by 29 opinions
1Opinion of the Court
The court reconsidered this case en banc in order to determine whether an arbitration award must be vacated for “evident partiality,” 9 U.S.C. § 10(a)(2), where an arbitrator failed to disclose a prior professional association with a member of one of the law firms that engaged him. We conclude that the Federal Arbitration Act (“FAA”) does not mandate the extreme remedy of vacatur for nondisclosure of a trivial past association, and we reverse the district court’s contrary judgment, but it is necessary to remand for consideration of appellee’s other objections to the arbitral award.
BACKGROUND
Th…
2Cases cited18 opinions
- Marks v. United StatesSupreme Court of the United States · 1977
- Marks v. United StatesSupreme Court of the United States · 1977
- Commonwealth Coatings Corp. v. Continental Casualty Co.Supreme Court of the United States · 1969
- Florasynth, Inc. v. Alfred PickholzCourt of Appeals for the Second Circuit · 1984
- The Chitimacha Tribe of Louisiana v. Harry L. Laws Company, Inc.Court of Appeals for the Fifth Circuit · 1982
13 more not listed; retrieve them via the Exa API.
3Cited by29 opinions
- Scandinavian Reinsurance Co. v. Saint Paul Fire and Marine Ins. Co.Court of Appeals for the Second Circuit · 2012
- James Freeman v. Pittsburgh Glass Works LLCCourt of Appeals for the Third Circuit · 2013
- Uhl v. Komatsu Forklift Co., Ltd.Court of Appeals for the Sixth Circuit · 2008
- Amoco D.T. Co. v. Occidental Petroleum Corp., Texas Court of Appeals, 14th District (Houston)2011
- New Regency Productions, Inc. v. Nippon Herald Films, Inc.Court of Appeals for the Ninth Circuit · 2007
24 more not listed; retrieve them via the Exa API.