Gary M. Kushner and Scott D. Simon pursued the personal guarantor of an unpaid corporate debt across a chapter 11 bankruptcy case and into Nassau County Supreme Court, where their efforts resulted in a summary judgment decision for $3.3 million, plus attorneys’ fees and 14% default interest running from April 2010, for a total judgment.
Scott D. Simon rescued a client after the Clerk of the U.S. District Court for the Southern District of New York had already entered a certificate of default. The client had been served with process through its registered agent, but the agent was inexplicably slow in notifying the client of the action, and only did.
Federal circuit courts are split over the legal test that should be applied to determine whether federal question jurisdiction exists for petitions to confirm, vacate, or modify arbitration awards. The U.S. Court of Appeals for the First Circuit and Second Circuit allow a “look-through test” in which the court may examine the underlying dispute —.
Brian Farkas, an attorney at Goetz Fitzpatrick LLP, has published an article in the Harvard Negotiation Law Review entitled, “The Continuing Voice of Dissent: Justice Thomas and the Federal Arbitration Act.” Justice Clarence Thomas is celebrating his 25th year on the U.S. Supreme Court, and this article examines his unique legacy on arbitration. Since 1984,.