February 17, 2020

February 17, 2020

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Second Circuit Affirms District Court’s Order as It Addressed Party’s Argument on Appeal

This case arises out of an underlying arbitration between First Capital Real Estate Investments LLC and SDDCO Brokerage Advisors LLC. First Capital appealed from an order of the district court denying First Capital’s petition to vacate an arbitration award, granting SDDCO’s petition to confirm the award, and granting SDDCO attorneys’ fees and prejudgment interest.

First Capital argued that the district court’s opinion and order failed to address First Capital’s argument that the award should be vacated because one of the arbitrators was not selected properly. The U.S. Court of Appeals for the Second Circuit affirmed the order of the district court. The Second Circuit explained that the district court did address First Capital’s argument in that it specifically stated in its opinion that “it had ‘considered all of the arguments raised by the parties’ and that as to any arguments ‘not specifically addressed, the arguments are either moot or without merit.'” Additionally, the Second Circuit reasoned that the district court opinion explained that “First Capital waived its objection to the arbitrator in question by failing to seek disqualification before the arbitration began.”

The Second Circuit also raised the issue of whether this was properly brought on appeal and noted that “if First Capital genuinely believed that the District Court overlooked one of its arguments, it did not attempt to bring the matter to the District Court’s attention through a motion for reconsideration.”

Accordingly, the Second Circuit held that the district court did not improperly fail to address First Capital’s argument and affirmed the award.

First Capital Real Estate Invs., LLC v. SDDCO Brokerage Advisors, LLC, No. 19-670 (2d Cir. Dec. 19, 2019).

©2011-2020 Carlton Fields, P.A.

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Rachel Schwartz Insurance Attorney
Associate

Rachel J. Schwartz represents property and casualty insurance industry clients in litigation and counsels them on varied coverage matters, including coverage disputes arising under Commercial General Liability and Directors & Officer policies.

Rachel drafts pleadings, discovery requests and responses, and motions regarding declaratory judgment actions. She reviews insurance policies and conducts legal research on various insurance coverage topics, including late notice, policy exclusions, duty to defend, allocation, and NY Ins. L. 3420(d). She prepares tenders, carrier position...

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