Legal Opinion
Positive Software Solutions, Inc. v. New Century Mortgage Corp.
Court of Appeals for the Fifth Circuit
Decided January 11, 2006No. 04-11432PublishedCited by 4 opinions
1Opinion of the Court
REAVLEY, Circuit Judge:
The question here is whether an arbitrator’s failure to disclose that seven years before the arbitration, he and his former law firm were co-counsel in a lengthy litigation matter with one of the law firms and counsel in this matter, justifies vacating the award. We hold that the arbitrator was required to disclose the relationship because it might have created an impression of possible bias, and we affirm the district court’s judgment vacating the arbitration award; but we vacate the portion of the district court’s judgment that regulates a subsequent arbitration.
I
A
New…
2Cases cited24 opinions
- Thornburg v. GinglesSupreme Court of the United States · 1986
- Commonwealth Coatings Corp. v. Continental Casualty Co.Supreme Court of the United States · 1969
- Forsythe International, S.A. v. Gibbs Oil Company of TexasCourt of Appeals for the Fifth Circuit · 1990
- 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
- Health Services Management Corp. v. Charles Hughes, D/B/A Charles Hughes & AssociatesCourt of Appeals for the Seventh Circuit · 1992
19 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Positive Software Solutions, Inc. v. New Century Mortgage Corp.Court of Appeals for the Fifth Circuit · 2006
- Kinn v. Alaska Sales & Service, Inc.Alaska Supreme Court · 2006
- Toroyan v. BarrettDistrict Court, S.D. New York · 2007
- Positive Software Solutions, Inc. v. New Century Mortgage CorporationCourt of Appeals for the Fifth Circuit · 2006