By Gerard Fox Law Firm News October 19, 2018
California Court of Appeals handed another appellate victory to the Firm by affirming the trial court’s refusal to set aside a multi-million arbitration award that the Firm secured for one of its international clients. The underlying controversy involved a failed movie production that the client financed. The client recovered his investment through arbitration, along with punitive damages against the party that absconded with his investment. The award was challenged based on various procedural grounds, such as allegedly inappropriate discovery sanctions awarded by the arbitrator in favor of the Firm’s client.
On appeal, the court held that the challenge of the award “is nothing more than a claim that the arbitrator erred on the facts and law in imposing discovery sanctions…. That decision is not reviewable, and [the challenging party] cannot obtain review by recasting it as a ‘refusal of the arbitrators to hear evidence material to the controversy….’”
This decision will bring to conclusion this often contemptuous and extensive litigation, both in arbitration and before the trial court. This latest victory secured by the Firm’s managing partner, Gerard P. Fox, and the head of its Appeals and Critical Motions Department, Marina V. Bogorad, embodies the type of results that we consistently bring to the table when representing our clients. #WINNING
Check out the decision here: