Legal Opinion
Hart Surgical, Inc. v. Ultracision, Inc.
Court of Appeals for the First Circuit
Decided April 5, 2001No. 00-1596PublishedCited by 48 opinions
1Opinion of the Court
TORRUELLA, Chief Judge.
The issue presented in this appeal is whether, in an arbitration case that is bifurcated into liability and damages phases, the arbitration panel’s award with respect to liability is a final award under the Federal Arbitration Act (“FAA”), 9 U.S.C. § 1 et seq., that is subject to review by the courts. The district court correctly noted that this question is yet undecided in this Circuit and, using the Second Circuit’s jurisprudence as a guide, ruled that an arbitration award concerning only liability is not final for purposes of appeal to the courts. In an unusual…
2Cases cited10 opinions
- Dean Witter Reynolds Inc. v. ByrdSupreme Court of the United States · 1985
- Bull HN Information Systems, Inc. v. HutsonCourt of Appeals for the First Circuit · 2000
- Trade & Transport, Inc. v. Natural Petroleum Charterers IncorporatedCourt of Appeals for the Second Circuit · 1991
- Picciano v. PetriccaCourt of Appeals for the First Circuit · 1999
- Metallgesellschaft A.G. v. M/v Capitan Constante and Yacimientos Petroliferos FiscalesCourt of Appeals for the Second Circuit · 1986
5 more not listed; retrieve them via the Exa API.
3Cited by48 opinions
- Ids Life Insurance Company and American Express Financial Advisors, Inc. v. Royal Alliance Associates, Inc.Court of Appeals for the Seventh Circuit · 2001
- Ronald D. Smart, Doing Business as Paschall Electric v. International Brotherhood of Electrical Workers, Local 702Court of Appeals for the Seventh Circuit · 2003
- Providence Journal Co. v. Providence Newspaper GuildCourt of Appeals for the First Circuit · 2001
- Collins v. Tex Mall, L.P.Court of Appeals of Texas · 2009
- Halliburton Energy Services, Inc. v. NL IndustriesDistrict Court, S.D. Texas · 2008
43 more not listed; retrieve them via the Exa API.