Legal Opinion
Fortune, Alsweet and Eldridge, Incorporated, Etc. v. Richard A. Daniel, Dba Richard A. Daniel Construction Company, Defendants
Court of Appeals for the Ninth Circuit
Decided December 28, 1983No. 82-6033PublishedCited by 63 opinions
1Per curiam
Daniel appeals from a district court order confirming an arbitration award in favor of Fortune, Alsweet & Eldridge, Inc. (Fortune), trustee of the Independent Contractors Grievance and Arbitration Trust. The district court held that Daniel’s failure to make a motion to vacate the arbitration award within the appropriate statutory period barred Daniel from asserting defenses to Fortune’s petition for confirmation of the award. The district court also found that by his conduct, Daniel had agreed to arbitrate the dispute. We affirm.
State statutes of limitation apply to motions to vacate…
2Cases cited4 opinions
- William v. Ficek v. Southern Pacific Company, a Delaware CorporationCourt of Appeals for the Ninth Circuit · 1964
- Service Employees International Union, Local No. 36, Afl-Cio v. Office Center Services, Inc.Court of Appeals for the Third Circuit · 1982
- Sheet Metal Workers' International Association, Local No. 252 v. Standard Sheet Metal, Inc.Court of Appeals for the Ninth Circuit · 1983
- Joseph H. Seymour, Etc. v. Coughlin Company, a California CorporationCourt of Appeals for the Ninth Circuit · 1979
3Cited by63 opinions
- Connie A. Nagrampa v. Mailcoups, Inc. The American Arbitration AssociationCourt of Appeals for the Ninth Circuit · 2006
- Textile Unlimited, Inc., a California Corporation v. A..bmhand Company, Inc., a Georgia CorporationCourt of Appeals for the Ninth Circuit · 2001
- Jones Dairy Farm v. Local No. P-1236, United Food and Commercial Workers International Union, Afl-CioCourt of Appeals for the Seventh Circuit · 1985
- C.D. Anderson & Co., Inc. v. Michael A. Lemos, and John LemosCourt of Appeals for the Ninth Circuit · 1987
- Teamsters Local Union No. 764 v. J.H. Merritt and CompanyCourt of Appeals for the Third Circuit · 1985
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