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July 03, 2020

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Ninth Circuit Affirms Confirmation of Arbitration Award, Finding Plaintiffs Failed to Show Prejudice From Denial of Discovery

Pro se plaintiffs Henry and Ijeamaka Ekweani characterized a district court’s confirmation of an arbitration award against them and in favor of American Express Travel Related Services as a “rubber stamp” that violated their due process rights. The Ninth Circuit Court of Appeals recently affirmed the award.

The Ekweanis argued that the district court abused its discretion by denying their request for additional discovery but the Ninth Circuit disagreed, finding that the Ekweanis showed no prejudice resulting from the ruling. “A decision to deny discovery will not be disturbed except upon the clearest showing that the denial of discovery results in actual and substantial prejudice to the complaining litigant.”

Ekweani v. Am. Express Travel Related Servs. Co., No. 18-16925 (9th Cir. Aug. 27, 2019).

©2011-2020 Carlton Fields, P.A. National Law Review, Volume IX, Number 268

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About this Author

 Benjamin E. Stearns, Regulatory attorney, Carlton Fields
Associate

Benjamin Stearns’s practice focuses on regulated industries, primarily medical marijuana and property and casualty insurance. Benjamin works with state regulators to resolve compliance matters and negotiate enforcement actions. He also lobbies the Florida Legislature, and has testified before legislative committees.

In addition, Benjamin litigates insurance coverage matters and contests of government contract awards. He represented the state of Florida in an original action against Georgia in the United States Supreme Court over the apportionment of the waters in the Chattahoochee-...

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