Legal Opinion
Borst v. Allstate Insurance Co.
Wisconsin Supreme Court
Decided June 13, 2006No. 2004AP2004PublishedCited by 24 opinions
1Opinion of the CourtJon E Wilcox, J.
¶ 1. This case comes to us on certification from the court of appeals. The appellants, Russell S. Borst and Tina Borst, appealed an order of the Circuit Court for Kenosha County, Michael S. Fisher, Judge, denying their motion to vacate an arbitration award.
¶ 2. The court of appeals certified the following questions: (1) Is there a presumption of impartiality among all arbitrators which may be "sidestepped" only by explicit agreement of all parties by which they may select arbitrators who in effect are their advocates? (2) Under Wis. Stat. § 788.10(l)(b) (2003-04), 1 can "evident partiality,"…
2Cases cited21 opinions
- State Ex Rel. Kalal v. Circuit Court for Dane CountyWisconsin Supreme Court · 2004
- Commonwealth Coatings Corp. v. Continental Casualty Co.Supreme Court of the United States · 1969
- In Re Arbitration Between Astoria Medical Group & Health Insurance PlanNew York Court of Appeals · 1962
- State v. HuebnerWisconsin Supreme Court · 2000
- Aviall, Inc. v. Ryder System, Inc.Court of Appeals for the Second Circuit · 1997
16 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Mary E. Marlowe v. IDS Property Casualty Insurance CompanyWisconsin Supreme Court · 2013
- First Weber Group, Inc. v. Synergy Real Estate Group, LLCWisconsin Supreme Court · 2015
- John McAdams v. Marquette UniversityWisconsin Supreme Court · 2018
- State Ex Rel. Citydeck Landing LLC v. Circuit Court for Brown Cnty.Wisconsin Supreme Court · 2019
- Marlowe v. IDS Property Casualty InsuranceCourt of Appeals of Wisconsin · 2012
19 more not listed; retrieve them via the Exa API.