|
Award May Be Vacate If Arbitrator Goes Outside Contract
City of Westlake v. Corrigan, 2007 WL 284324
Charles Shimola owned property in the City of Westlake, Ohio that was the subject of litigation between him and the City. In 1993, the City and Shimola came to an agreement regarding Shimola's property that settled the litigation between them. Further disputes arose and three cases were filed. The Court of Common Pleas consolidated the cases and, following a jury trial, Shimola was awarded $2.5 million. The trial court reduced the award to attorney's fees, claiming that Shimola had shown no legally cognizable damages. Shimola appealed to the local trial court, and on appeal, the court held that while there were clearly some damages, that the previous award had been excessive and, so it ordered a new trial. Shimola and Westlake agreed to arbitrate instead.
The arbitrators awarded Shimola $560,000. Westlake moved to confirm the award and Shimola moved both to vacate the arbitration agreement and to set a trial date. The trial judge, Judge Corrigan, declined to dismiss Shimola's case and he vacated the arbitration award. Westlake filed a petition with the Ohio Court of Appeals to prevent Corrigan from taking further action in the case for lack of jurisdiction. Corrigan filed to dismiss the motion. The court held that Corrigan had jurisdiction and dismissed Westlake's petition.
On appeal to the Ohio Supreme Court, Westlake argued that the arbitration award should have been enforced, and that Corrigan was thereby stripped of jurisdiction. The Court held that the arbitrators had considered the issue of proximate cause, which was specifically outside the scope of the contract for arbitration.
As such, Corrigan retained jurisdiction and vacating the arbitration award was appropriate. |
|
|
|
Mediation-Related Materials Not Subject to Discovery Requests
Bradley v. Fontaine Trailer Co. Inc., No. 3:06-CV-62, 2007 WL 2028115 (D. Conn. July 10, 2007)
A party may not compel discovery of information from mediation proceedings through interrogatories or requests for production of documents when an in camera review reveals the relevant information in the mediation materials is readily available from other available sources, according to a Connecticut federal court.
In Bradley v. Fontaine Trailer Co. Inc., No. 3:06-CV-62, 2007 WL 2028115 (D. Conn. July 10, 2007), Fontaine moved to compel answers to interrogatories and the production of documents related to mediation proceedings between the Bradley plaintiffs and a third-party, proceedings related to the same accident which was the subject of the instant case. Bradley objected to the motion, claiming that both Conn. Gen. Stat. § 52-235d and Fed. R. Civ. P. 26 created a mediation privilege that protected such materials from discovery. In response, Fontaine argued that the circumstances of the case satisfied the exception to such protection that comes into play when the "interests of justice" outweigh the "need for confidentiality"... Full Story |
Settlement Reached During  Mediation Is Not Enforceable Through a Court Judgment When a Party Withdraws Consent Before Entry of Judgment
Topham v. Patterson, No. 10-06-00101-CV, 2007 WL 2051864 (Tex. App. July 18, 2007)
Under Texas law, a party to a settlement agreement reached through court-referred mediation can revoke his or her consent to the agreement any time before entry of judgment on the settlement, according to the Texas Court of Appeals.
In Topham v. Patterson, No. 10-06-00101-CV, 2007 WL 2051864 (Tex. App. July 18, 2007), Topham brought suit against Patterson to quiet title to a parcel of land. The trial court referred the parties to mediation, which resulted in a settlement agreement signed by the parties. Patterson then moved for an agreed judgment pursuant to the mediation settlement, to which Topham had already withdrawn his consent. The trial court granted the agreed judgment despite Topham's withdrawal of consent. Topham appealed the judgment, alleging that the judgment was granted in error after his consent was withdrawn, and that Topham's subsequent motion for a new trial on the matter was improperly denied...Full Story |
|
|
 Los Angeles County Jails to Introduce Mediation
The last time you heard news from the Los Angeles County Jail, it had to do with Paris Hilton's claustrophobia. Today, we bring you less sizzling but perhaps more important news from our local jail cells.
A Santa Clarita radio station has announced that Los Angeles County is introducing "disturbance mediation training services for jail inmates."
The training, "aimed at reducing racial and gang-related violence" will be provided by the Amer-I-Can Foundation.
According to its website, Amer-I-Can Foundation facilitators "initiated a truce between rival gangs in Watts, California in 1992, the year of the "Rodney King" riots.
The Foundation provides resources to continue this movement to bring about peace and social change.
Article courtesy of Mediate.com |
| ::
Comments or Suggestions?
:: |
|
|
