Tagged: procedure

finally had the chance to read the Federal Rules of Appellate Procedure. is my appeal “frivolous” or not? if it is, double the monetary damages owed to William Morris.

“Arbitration is supposed to be final and binding, but federal and state laws, and judicial doctrines, allow courts to vacate arbitrator awards.”

Exactly! Since the AAA unlawfully removed the original arbitrator, David L. Gregory, before he could make a decision on the Appeal that was before him, as well as determine monetary relief, his Partial Final Award was “final” for the sake of judicial review. As stated above, only the “court” can vacate the Award of an arbitrator — not the AAA or another arbitrator who was once a federal judge!!!

Why would the AAA think I would remain silent about what’s happening when they are clearly violating the law and engaging in fraud, as part of a larger effort to deprive me of my constitutional and statutory rights under the color of law? GTFOH!

Source: Michael H. LeRoy. Are Arbitrators Above the Law? The “Manifest Disregard of Law” Standard. 52 Boston College Law Review, 137, 2011.

“Complex cases often demand untried approaches; and it is frequently in the interests of all parties that the judge keep an open mind as to how a case might be litigated or a remedy devised…[A]t the trial level, the judge ought to oversee a process in which the facts are found in an impartial and fair manner and the law is applied as set forth by the legislature or interpreted by the courts.”

Source: Geoffrey A. Miller. Bad Judges 83 Tex. L. Rev. 431, 487 2004.