Legal Opinion · Dissent
Positive Software Solutions, Inc. v. New Century Mortgage Corp.
Court of Appeals for the Fifth Circuit
Decided February 6, 2006No. 04-11432Published
1DissentReavley, Circuit Judge
joined by WIENER, EMILIO M. GARZA, BENAVIDES and CARL E. STEWART, Circuit Judges:
In 1968 the Supreme Court held that an arbitral award could not stand where the arbitrator had failed to disclose a past relationship that might give the impression of possible partiality.1 The Court has never changed that holding; it is the law that rules us today. But the majority of this court disapprove of that law because they prefer to protect arbitrators and their awards when they fail to disclose prior relationships with parties or counsel. They therefore change the law for this case and, to make it…
2Cases cited12 opinions
- Commonwealth Coatings Corp. v. Continental Casualty Co.Supreme Court of the United States · 1969
- Sunkist Soft Drinks, Inc., Del Monte Corporation, Nabisco Brands, Inc. v. Sunkist Growers, Inc.Court of Appeals for the Eleventh Circuit · 1993
- Merit Insurance Company v. Leatherby Insurance Company A/K/A Western Employers Insurance CompanyCourt of Appeals for the Seventh Circuit · 1983
- Jean Schmitz Leonard Schmitz v. Carlos J. Zilveti, III Nicholas S. Meris Prudential-Bache Securities Inc., AKA Prudential Securities, Inc.Court of Appeals for the Ninth Circuit · 1994
- Apperson v. Fleet Carrier Corp.Court of Appeals for the Sixth Circuit · 1989
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