Tagged: final award

The “highly generalized analysis” used in West Country Motor Co. v. Talley, “in essence reiterates the Supreme Court’s concerns regarding the hardships associated with ultra vires arbitration proceedings, is of potential signficance since it implies that some district courts will be disposed to entertin motions to vacate other interlocutory arbitral decisions simply on the grounds that those deisions have the effect of wrongly compelling a party to arbitrate certain claims. While those sorts of issues are considered ‘gateway’ issues that normally are for the courts to decide, more and more arbitrators are now deciding such issues due to the broad grant of authority found in most institutional rules.”

Source: James M. Gaitis. Finality, Ripeness, and Functus Officio: The Interlocutory Arbitral Award Conundrum. Journal of the ACCL. Vol. 7, No. 2. pg. 33-34. 2013.

“A legal loophole has developed where some employers seek explicitly or implicitly to exempt themselves from Title VII’s provisions by drafting [mandatory arbitration agreements] that eliminate [a person of color’s full] statutory rights and remedies…”

It’s funny to read this, because I argued in my March 2011 Opp. Motion to Arbitration that based on the company’s century-plus pattern and continuing practice of intentionally excluding qualified African Americans from being hired and/or promoted to Agent, Coordinator and Agent Trainee (as demonstrated by the New York office’s modern day inexorable zero when I began employment), William Morris’ arbitration agreements were nothing more than a “savvy, legal loophole” to avoid an impartial jury. Now, I discover an article written in 2001, where the author essentially uses the same phrase to describe some employer’s arbitration agreements due to the fact that “some employers” have and still are strategically using this agreement as a deceptive way to exempt themselves from Title VII’s provisions.

Clearly, if a company is intentionally maintaining a racially segregated workforce (e.g. William Morris Endeavor Entertainment) and their attorneys can never provide a “legitimate, nondiscriminatory reason” or demonstrate a “business justification” for maintaining employment practices, policies and/or procedures that create a disparate impact against qualified African Americans and people of color, then that company is clearly going to want potential claims of racial discrimination made by token minorities out of the court so that the merits will never have a chance at being decided by “the people” — an impartial jury that will most likely not be all-white. It is unconscionable that William Morris can be allowed to act in complete defiance of the Civil Rights Act of 1964, but it’s even more unconscionable that they make employees of color enter into agreements as a condition of employment that eliminate their full statutory rights and remedies by having cases decided in a privitized, quasi-judicial forum that’s pro-employer or repeat player. Unconscionability magnifies when federal judges judges within our nation’s white/”Jewish” controlled judiciary flout the antiscrimination laws themselves and enforce their mandatory, pre-dispute arbitration agreements when in most cases, the employee has little to no bargaining power and most likely has no idea what arbitration is. The icing on the unconscionable cake comes when after three years of litigating and arbitrating your case, you learn that one of the opposing attorneys — Christian Carbone of Loeb & Loeb LLP — is married to an executive — Sasha Angelique Carbone — that works at the supposedly “neutral” arbitral forum [the American Arbitration Association] that ended up dismissing my case with “prejudice and on the merits” after unlawfully disqualifying the original arbitrator who concluded that I proved by a “preponderance of the evidence” that “William Morris Endeavor Entertainment LLC discriminated against [me] in violation of pertinent federal, state, and local law prohibiting discrimination on the basis of race” and indicated that I would receive the full gamut of monetary damages which was to be determined during phase 2 of our bifurcated proceeding. [When I filed my Demand for Arbitration with the American Arbitration Association, I sought $125 million.]

As a result of the immense fraud that William Morris, Loeb & Loeb LLP and their co-conspirators have engaged in, William Morris has never had to face any repercussions for their unlawful employment practices, policies and procedures since this law was passed 50 years ago and based on the decisions of Republican appointed federal judges Robert P. Patterson and P. Kevin Castel of the Southern District of New York (as well as federal judges in the Second Circuit and Supreme Court), they and other tortfeasors who are maintaining employment practices in violation of Title VII, will never have to fully comply with the various federal, state and local laws prohibiting discrimination in employment and conspiracies to monopolize on the basis of race. Smh.

Source: Sidney Charlotte Reynolds. “Closing a Discrimination Loophole: Using Title VII’s Anti-Retaliation Provision to Prevent Employers from Requiring Unlawful Arbitration Agreements as Conditions of Continued Employment.” 76 Wash. L. Rev. 957. (2001).

“In a 2001 case [Home Ins. Co. v. RHA/Pennsylvania Nursing Homes, Inc., 127 F. Supp. 2d 482, 486 (S.D. N.Y. 2001)], a third federal district court concluded that an interim award that adjudicated only a portion of a damages claim and ordered immediate payment was final and subject to immediate enforcement even though other liability and damages issues relating to the same claim remained outstanding.”

Source: James M. Gaitis. Finality, Ripeness, and Functus Officio: The Interlocutory Arbitral Award Conundrum. Journal of the ACCL. Vol. 7, No. 2. pg. 23. 2013.

“As is often the case when splits in authority develop among the various federal circuits, however, the lack of uniformity did not provide sufficient incentive to bring harmony out of chaos. Rather, in the lead up to Stolt-Nielsen, differing federal courts of appeal not only continued to take divergent courses in addressing those questions but also actually arrived at decisions that further complicated the issues in undesirable ways.”

Source: James M. Gaitis. Finality, Ripeness, and Functus Officio: The Interlocutory Arbitral Award Conundrum. Journal of the ACCL. Vol. 7, No. 2. pg. 19-20. 2013.

“[I]n Section 16(a)(1)(D), which was added to the FAA by amendment in 1988, the FAA mentions only in passing that an appeal may be taken from ‘[a]n order…confirming or denying confirmation of an award or partial award.’ Section 16(a)(1)(D) no doubt came into existence due to the fact that in the early 1980s, various federal courts began to conclude that arbitral awards that were interlocutory in nature were, at least in some instances, subject to immediate confirmation and vacatur proceedings.”

Source: James M. Gaitis. Finality, Ripeness, and Functus Officio: The Interlocutory Arbitral Award Conundrum. Journal of the ACCL. Vol. 7, No. 2. pg. 12-13. 2013

“Essentially, all of our complaints filed against the highly unethical attorneys and federal judges have fallen upon death ears. Republican appointed ‘Chief Judge’ Loretta A. Preska has also refused to intervene in both cases against William Morris, so there’s a strong likelihood that despite the facts pled in this [March 17, 2014 Fraud Upon the Court Motion], Castel would continue to blatantly disregard the law, refuse to disqualify himself and issue an Order favorable to William Morris and Loeb & Loeb LLP since racism and corruption throughout America’s judicial system is ‘vertically integrated.’”

And that is exactly what P. Kevin Castel did when he issued his September 5, 2014 Final Order, which confirmed the fraudulently procured “Final Award” of Schnader LLP attorney and board of director for the American Arbitration Association, Timothy K. Lewis. Castel did not even compel William Morris and Loeb & Loeb LLP to respond to my March 17, 2014 Motion [Republican appointed federal judge Robert P. Paterson did the same thing when Leonard Rowe submitted his March 2012 Fraud Upon the Court Motion alleging that his former attorneys from Sonnenschein Nath & Rosenthal LLP (now known as Dentons LLP) conspired with counsel from William Morris (e.g. Michael P. Zweig and Helen Gavaris of Loeb & Loeb LLP) and Creative Artists Agency to conceal smoking gun evidence (e.g. “Exhibit 31”)]. He then issued an Order refusing to disqualify himself, but made absolutely no mention that arbitrator David L. Gregory issued an Award determining liability (and indicating what damages I would receive  or more importantly, that I sought the imposition of extreme disciplinary and monetary sanctions against Michael P. Zweig, Christian Carbone and Loeb & Loeb LLP — including default judgement and more than $250 million —  due to their “pattern” of engaging in “fraud upon the Court” on William Morris’ behalf, intentional violations of numerous rules under the New York Rules of Professional Conduct, as well as violation of New York Law section 487 and other laws.

Since Castel refused to address this issue, I filed a Motion for Reconsideration on April 11, 2014. This was a condensed version of my March 17, 2014 Motion. Once again, William Moris and Loeb & Loeb LLP submitted no oppositional Motion. I later asked for an oral hearing by letter and Castel denied it as being “moot,” but it is clear that based on the procedural and substantive complexity of the issues presented and the numerous factual errors and omissions contained in Castel’s Final Order, we should have discussed the various issues that were raised in these two Motions (e.g. disqualification of federal judges, “fraud upon the Court,” partially confirming Arbitrator Gregory’s Partial Final Award, the finality of Arbitrator Gregory’s Partial Final Award, the illegality of Arbitrator Gregory’s disqualification, etc.) “under oath” or before an impartial jury — especially since P. Kevin Castel took the drastic measure of imposing a filing injunction against me and prejudicing my appeal by saying it would not be made in “good faith.”  When Castel issued his Final Order, he once again made no mention of the pyramid of evidence I presented which proves beyond a reasonable doubt that I have been defrauded and deprived of my constitutional and statutory rights under the color of law due to the “highly unethical and criminal” actions of William Morris, Loeb & Loeb LLP, Michael P. Zweig, Christian Carbone, Timothy K. Lewis and many others, including P. Kevin Castel himself [majority who just so happen to be white and/or “Jewish” males]. Castel has always acted as an attorney for the Defendants and their counsel by issuing one-side opinions that distort the facts and flout the law. As a result of the fraud engaged in by the Defendants, Loeb & Loeb LLP, the American Arbitration Association and Timothy K. Lewis, this gave the racist and corrupt, Republican appointed federal judge the pretext that would allow for William Morris to obtain a favorable verdict without a jury trial and make it appear like I engaged in extreme “bad faith” throughout the entire case in order to justify imposing a filing injunction against me that would  prevent me from pursuing claims of fraud, obstruction of justice, conspiracy to interfere with human rights of African Americans, etc. in a separate case.

In the same way that that the term “fraud upon the Court” cannot be found in Castel’s Final Order, Castel has never once discussed the Civil Rights Act of 1964 and New York City Human Rights Law or demonstrated that he has an understanding of the statute’s public policy goals. He has never discussed the unrefuted historical, statistical, circumstantial, anecdotal and other forms of evidence that I have presented spanning 116 years which proves intentional violations of federal, state and local law prohibiting discrimination in employment on the basis of race, color and national origin, which occurred before, during and after my employment or mentioned that there were zero African American Agents, Coordinators or Agent Trainees employed at the company’s New York City office when I began in September 2008, that my claims also included disparate impact or that I sought permanent injunctive and affirmative relief. From the beginning, Castel tried to make it seem like this was an isolated case of individual disparate treatment and that this evidence was irrelevant. This was an argument that was later used by Loeb & Loeb LLP in arbitration, while calling my racist and “anti-Semitic.” In the same way that Castel narrowed the claims that I raised in my 80 page Complaint and Oppositional Motion to Arbitrate, he narrowed every single argument that I made in my March 17, 2014 Fraud Upon the Court Motion and misapplied the law. Based on Castel’s actions in this case, it is now clear that all of his decisions were predetermed. Castel has violated the Constitution, numerous Canons under the Judicial Code of Conduct and his Oath of Office in order to ensure that the merits of my case were not decided by an impartial jury, Castel’s unlawful actions have wasted nearly four years of my life and he must be held accountable for his actions because “no man is above the law.” He has intentionally deprived me of my constitutional and statutory rights under the color of law, and is engaging in a larger conspiracy to interfere with the human rights of people of African descent, or in the alternative, conspiring to maintain global white/”Jewish” supremacy (racism).

Source: Plaintiff’s March 17, 2014 Fraud Upon the Court Motion, 81; Pl. Fraud Upon the Court Petition, 15.

“Given that the AAA’s appointment of Lewis is ‘procedurally improper,’ if Castel refuses to disqualify himself, then forces me to spend months going through a process in which a man with no jurisdiction over this case decides whether or not to vacate Gregory’s past decisions and/or start an entirely new proceeding in which he issues his own set of interim decisions and final award, then I will seek to have Lewis’ final award vacated pursuant to §10 of the FAA.”

Source: Plaintiff’s March 17, 2014 Fraud Upon the Court Motion, pg. 34.

i find it funny that i’m going against an attorney named “Best Lawyer” in Labor & Employment Litigation, in the 2013 edition of The Best Lawyers in America.

This is some real David v. Goliath type shit. Decision expected this week!

Source: http://www.loeb.com/michael_zweig/.