Legal Opinion
Diapulse Corporation of America v. Carba, Ltd.
Court of Appeals for the Second Circuit
Decided July 10, 1980No. 695, Docket 79-7535PublishedCited by 112 opinions
1Opinion of the Court
VAN GRAAFEILAND, Circuit Judge:
This is an appeal by Diapulse Corporation of America from that part of a judgment entered in the United States District Court for the Southern District of New York which modified the injunctive provisions of an arbitration award in its favor. Appellee, Carba, Ltd. originally cross-appealed but then withdrew its appeal, content to let the award stand as modified. We hold that the district court had no authority to modify the substantive provisions of the award but remand to the district court so that application may be made for remand to the arbitration panel for…
2Cases cited14 opinions
- Wilko v. SwanSupreme Court of the United States · 1953
- Schmidt v. LessardSupreme Court of the United States · 1974
- International Longshoremen's Ass'n, Local 1291 v. Philadelphia Marine Trade Ass'nSupreme Court of the United States · 1967
- In re the Arbitration between Sprinzen & NombergNew York Court of Appeals · 1979
- In Re I/s Stavborg (O. H. Meling, Manager) v. National Metal Converters, Inc.Court of Appeals for the Second Circuit · 1974
9 more not listed; retrieve them via the Exa API.
3Cited by112 opinions
- City of New York v. Mickalis Pawn Shop, LLCCourt of Appeals for the Second Circuit · 2011
- In re Baldwin-United Corp.Court of Appeals for the Second Circuit · 1985
- American Can Company v. Ishwar Mansukhani, D/B/A Brand Associates, and Ruth Brand, D/B/A Brand Associates, and Brand M, Inc.Court of Appeals for the Seventh Circuit · 1984
- In the Matter of the Arbitration Between Edward M. Siegel v. The Titan Industrial Corporation and Jerome A. SiegelCourt of Appeals for the Second Circuit · 1986
- John M. Foster, Cross-Appellant v. C.F. Turley, Jr., A/K/A Frank Turley, Defendant-Counterclaimant-Appellant, Cross-AppelleeCourt of Appeals for the Tenth Circuit · 1986
107 more not listed; retrieve them via the Exa API.