Arbitrator's Express Authority Derived From Agreement's Reconsideration Clause Cannot Be Restricted
A court cannot restrict an arbitrator's authority to reconsider a prior decision under the doctrine of functus officio if the parties to the dispute included a clause in their arbitration agreement expressly permitting an arbitrator to reconsider a prior decision, according to the Ninth Circuit Court of Appeals.
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Nursing Home Patient's Non-Agent's Signature on Arbitration Agreement Insufficient
 A district court in Mississippi determined that an arbitration agreement between a patient and nursing home was not valid because the person that signed the agreement was not the patient's actual or apparent agent.
In Robbins ex rel. Leonard v. Beverly Enterprises, Inc., No. 3:07CV047-B-A, 2008 WL 907465 (D. Miss. March 31, 2008), Dedric Robbins was admitted to Beverly Enterprises nursing home facility for a temporary stay to receive physical therapy. Robbins ultimately died during his stay at Beverly.
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Seventh Circuit Upholds Arbitrator's Award of Equitable Relief 
In keeping with the rule that arbitrators have full authority to fashion appropriate remedies, the Seventh Circuit Court of Appeals rejected the argument that an arbitrator exceeded his powers by awarding equitable relief, which in this case consisted of a directive to the party's CEO that he modify the employment records of a former employee.
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