Category Archives: Workplace Retaliation

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Arbitration News: Sanctions for Misconduct in Arbitrations Under FAA Arbitration Agreements

By Richard T. Seymour Copyright © 2010, Richard T. Seymour Case: Positive Software Solutions, Inc. v. New Century Mortgage Corp. et al. v. Camina Decided: September 13, 2010 By: U.S. Court of Appeals for the Fifth Circuit (Louisiana, Mississippi, and Texas) Available at: and 2010 WL 353001 Issue: When — (a) a Federal court orders arbitration pursuant to an arbitration agreement, (b) and not as part of a court-developed procedure under a local court’s Alternative Dispute Resolution procedures or a special order in the case, (c) and counsel commit misconduct in the arbitration, (d) and the arbitrator had authority to issue sanctions for that misconduct, Does the Federal court have inherent authority to issue sanctions for the misconduct? Answer: No. The district court’s sanction of $10,000 against attorney Camina, representing part of Positive Software’s attorneys’ fees, was reversed. Limitations: The court’s holding is: — Limited to misconduct occurring…
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Posted in Baseless Cases for Washington DC Employment Law, Federal Rules for Employment Law, Meritorious Cases for Employment Law, Washington DC Arbitration, Workplace Retaliation | Leave a comment