Feinberg v. Boros

This appeal requires us to consider whether a postarbitration agreement that eliminates the rights of nonparties to assert collateral estoppel would have been enforceable. Because the doctrine of law of the case is applicable, but exceptional circumstances exist involving policy considerations underlying postarbitration limiting agreements, including the opportunity for collusion, the potential agreement between plaintiff and his former business partner would not have been enforceable.

This dispute arises largely from an arbitration that occurred in the late 1990’s between plaintiff and his…