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  • AtriCure, Inc. v. Dr. Jian Meng, No. 1:19-CV-00054-MPB (S.D. Ohio Nov. 4, 2019) 
    11/04/2019

    Court denied in part motion to stay all proceedings pending appeal to the sixth circuit court of appeals, considering the question of whether an appeal of a denial of a motion to compel arbitration automatically divests the district court of jurisdiction over all further proceedings in the matter. The court found that it retained discretionary jurisdiction to consider plaintiffs motion for a preliminary injunction in the matter.

  • Hitchcock Independent School District v. Certain Underwriters at Lloyd’s, London, No. 3:19-CV-00198 (S.D. Tex. Oct. 28, 2019)
    10/28/2019

    Court approved and adopted the magistrate judge’s memorandum and recommendation recommending denial of plaintiff’s motion to remand certain removed claims.  Magistrate judge concluded that removal to federal court was proper under Section 205 of the NY Convention given that plaintiffs’ claims related to the arbitration clause and “easy removal is exactly what Congress intended.”

  • In re del Valle Ruiz for an Order to Take Discovery for Use in Foreign Proceedings Pursuant to 28 U.S.C. § 1782, No. 18-3226 (2d Cir. Oct. 7, 2019)
    10/07/2019

    Court of appeals held that the language in 28 U.S.C. § 1782 that requires that a person or entity "resides or is found" within the district in which discovery is sought extends the reach of § 1782 to the limits of personal jurisdiction consistent with due process. However, Court held that the contacts at issue within the Southern District of New York were insufficient to subject it to the district court’s personal jurisdiction.

  • Buhannic v. American Arbitration Association (AAA), No. 1:18-CIV-02430-ER (S.D.N.Y. Sept. 27, 2019)
    09/27/2019

    Court dismissed plaintiff’s claim against the American Arbitration Association (AAA) and several of its arbitrators for alleged improper selection of arbitrators and allegedly defective reviewing procedures on the basis of arbitral immunity.

  • Inversiones y Procesadora Tropical Inprosta, S.A., No. 18-14807 (11th Cir. Sept. 5, 2019)
    09/05/2019

    Court of appeals affirmed that district court had subject-matter jurisdiction over plaintiff’s motion to vacate an arbitration award.  Court also affirmed lower court’s issuance of sanctions against plaintiff, finding that plaintiff attacked the arbitration award without a legal basis for doing so and thus acted in bad faith.

  • Capone v. Atlantic Specialty Ins. Co., No. 1:18-CV-02824-CAB (N.D. Ohio July 19, 2019)
    07/19/2019

    Court granted defendant’s motion to dismiss, finding that plaintiff’s claims were barred by res judicata when an arbitrator issued an award resolving such claims.  Court found that the arbitrator’s award was not reviewable when he arguably construed the underlying contract.

  • In re the Petition of Galaxy Energy and Resources Co. Pte. Ltd. for Discovery Pursuant to 28 U.S.C. § 1782, No. 1:19-MC-00287-LTS (S.D.N.Y. July 1, 2019) 
    07/01/2019

    Court denied petitioner’s ex parte petition to conduct discovery pursuant to 28 USC § 1782 to aid in recognition and enforcement as well as attachment and garnishment proceedings it has initiated or will initiate in Singapore to enforce an arbitral award.  Court found petitioner was an “interested person” and that the New York banks from which discovery would be requested did properly reside in the district for purposes of § 1782.  However, the court concluded that the proposed actions did not satisfy the “foreign proceeding” requirement as the merits of the controversy were already decided by the foreign tribunal in the arbitration, so the proceedings were not adjudicative in nature.

  • Lovig v. Best Buy Stores LP, No. 4:18-CV-02807-PJH (N.D. Cal. June 21, 2019)
    06/21/2019

    Court denied plaintiff’s motion to voluntarily dismiss certain of its claims without prejudice.  Court concluded that plaintiff’s motion did not comply with the district’s basic requirements of a motion to amend the complaint and the FAA did not permit the plaintiff to amend the complaint.

  • Turan Petroleum, Inc. v. Ministry of Oil and Gas of Kazakhstan, No. 1:10-CV-02102-RBW (D.D.C Apr. 26, 2019) 
    04/26/2019

    Court granted intervenor’s motion to dismiss the complaint for lack of subject-matter jurisdiction and denied as futile plaintiffs’ motions to file amended and supplemental complaints.  Court held that it did not have subject-matter jurisdiction over defendant, agency of a foreign sovereign, because plaintiffs’ complaints were insufficient to establish that an exception to sovereign immunity applied under the FSIA.  Court found that the arbitration agreement in the concession contracts did not apply as the plaintiffs were not in privity of contract and concluded that the mere fact that the foreign state was a signatory to the ICSID Convention did not waive sovereign immunity as they were not seeking the enforcement of an arbitral award.

  • Davison Design & Development, Inc. v. Frison, No. 2:17-CV-01468-JFC (W.D. Pa. Apr. 18, 2019)
    04/18/2019

    Court denied defendant’s motion for attorneys’ fees when there was no basis under the arbitration agreement or the FAA to overcome the “American Rule” – i.e. the presumption that each party bears its own attorneys’ fees.  Court granted defendant’s request for costs, finding that Federal Rule of Civil Procedure 54(d)(1) provided a basis for awarding costs where the parties’ agreement and the FAA were silent.  

  • Harris v. Chelan County Sheriff’s Department, No. 2:17-CV-0137-JTR (E.D. Wash. Apr. 15, 2019)
    04/15/2019

    Court denied plaintiffs’ motion for summary judgment, declining plaintiffs’ argument that defendant was collaterally estopped from presenting evidence or arguing facts contrary to the arbitrator’s ruling.  Court found that, inter alia, the doctrine of collateral estoppel did not apply to an arbitration award because courts are not required to give full faith and credit to arbitration proceedings.

  • Mitsui Sumimoto Insurance USA, Inc. v. Denham-Blythe Company, Inc., No. 5:18-CV-00152-JMH (E.D. Ky. Apr. 11, 2019)
    04/11/2019

    Court granted in part defendant’s motion to alter or amend a court order to dismiss claims subject to arbitration when it improperly discussed whether a claim was barred by waiver of a subrogation clause.  Court found that the discussion should be omitted from the order, as the court may not consider the merits of a case that the parties agreed to arbitrate.

  • Cilliers v. Cobalt Holdings, Inc., No. 1:18-CV-02428 (N.D. Ill. Apr. 8, 2019)
    04/08/2019

    Court denied, in part, defendants’ motion to dismiss finding that such a motion under Rule 12(b)(6) of the Federal Rules of Civil Procedure was not the appropriate mechanism for enforcing an arbitration clause, as the existence of an arbitration agreement is not itself a basis for dismissal.

  • Republic of Kazakhstan v. Stati, No. 1:17-CV-02067-ABJ (D.D.C. Mar. 30, 2019)
    03/30/2019

    Court granted defendant’s motion to dismiss where plaintiff filed a parallel RICO civil suit while an action to enforce an arbitral award was already pending.  Plaintiff claimed that defendants obtained an arbitral award from the SCC by fraud, and that subsequent actions to enforce the award were unlawful.  Court dismissed plaintiff’s claims finding that a RICO lawsuit was not an appropriate means to “challenge non-frivolous litigation, or in this case, a valid and final arbitral award.”

  • Adam Joseph Resources (M) SDN BHD. v. CNA Metals Limited, No. 17-20685 (5th Cir. March 26, 2019) 
    03/26/2019

    Court of appeals reversed district court’s dismissal of attorney’s claims for fees related to a foreign arbitration proceeding on grounds of lack of subject matter jurisdiction and remanded for the district court to grant attorney’s motion to intervene and consider his claims on the merits.  Court held that the New York Convention conferred jurisdiction on the court to consider attorney’s claim for contingency fees because his alleged interest in the award for services rendered “relates to” the arbitration award within the meaning of 9 USC § 205.  Court also found attorney met the requirements to intervene as of right.

  • Lyon v. Neustar, Inc., No. 2:19-CV-00371-KJM-KJN (E.D. Cal. Mar. 13, 2019)
    03/13/2019

    Court issued temporary restraining order temporarily enjoining party from continuing to pursue claims in arbitration, finding that if the arbitration in Virginia proceeded it would to damage the plaintiff’s rights under California law not to be compelled to litigate outside of California.
     

  • Agarunova v. The Stella Orton Home Care Agency, Inc., No. 1:16-CV-00638-MKB-RLM (E.D.N.Y. Mar. 11, 2019)
    03/11/2019

    Court denied motion for conditional class certification, finding that class certification would be premature in light of pending decision on motion to compel arbitration and appeal in different case of legal question of whether an arbitration clause agreed by the union is binding on union members. 

  • United Food & Commercial Workers’ Union, Local No. 293 v. Nebraska Prime Group, LLC, No. 8:18-CV-00466-RFR-SMB (D. Neb. Mar. 8, 2019)
    03/08/2019

    Court ordered defendant to show cause why it should not be held in civil contempt and sanctioned for failing to comply with terms of arbitration award confirmed by the court, finding that appeal of confirmation order did not divest the district court of jurisdiction absent a stay of proceedings.

  • Diversant, LLC v. Mitchelle Carino, No. 3:18-CV-03155-AET-DEA (D.N.J. Mar. 8, 2019)
    03/08/2019

    Court denied motion for attorneys’ fees and costs, finding that although fees and costs pertained to representation in court proceedings for injunctive relief (as such proceedings were excluded from the arbitration clause), there was no explicit exception from the arbitration clause for claims for attorneys’ fees and costs, and that the claim must therefore be brought in arbitration.

  • Connor v. Midland Credit Management, No. 1:18-CV-23023-JG (S.D. Fla. Feb. 20, 2019)
    02/20/2019

    Court granted in part and denied in part the motion to dismiss, which raised five issues, including whether the FAA’s 90-day statute of limitations bars the claim to vacate the arbitration award.  Court noted that it was uncertain whether § 12 of the FAA applied where a party is claiming that there was no arbitration agreement in the first place, and that defendant had not convinced the court to dismiss plaintiff’s claim based solely on the limitations period.  As such, court concluded that it would not, at that time, dismiss plaintiff’s claim based on the 90-day statute of limitations under § 12. 

  • In re Application of Hulley Enterprises, Ltd., No. 1:18-MC-00435-GBD-GWG (S.D.N.Y. Feb. 19, 2019)
    02/19/2019

    Court denied petitioner’s application for leave to serve subpoenas on respondents, seeking evidence in connection with the litigation currently pending in the Court of Appeal of the Hague.  Applying the factors from Intel Corp. v. Advanced Micro Devices, Inc., 542 U.S. 241 (2004), court found that (i) the first Intel factor supported the production of documents generated at the time of respondents’ representation in the 1998-2004 time period because respondents are not a participant in the Dutch proceedings; (ii) the second factor also weighed in favor of production, as petitioner provided examples of cases where the submission of evidence collected through 28 USC § 1782 was admitted; and (iii) there is no exhaustion requirement under §1782 that required petitioners to seek the documents through proceedings in the Netherlands and Russia.  However, court also found that petitioner’s delay disfavored a grant of their §1782 application, and additional considerations under the fourth Intel factor more strongly counseled against granting the application.

  • Partners 3190, LLC v. Signature Building Systems, Inc., No. 3:18-CV-01475-JMM (M.D. Pa. Jan. 22, 2019)
    01/22/2019

    Court denied defendant’s motion to dismiss or to remand in regard to an action to confirm a $330,509.38 arbitration award.  Court found that plaintiff properly removed the case to federal court where there was diversity between the parties and the amount in controversy – determined here to be the amount of the award – exceeded $75,000.00.

  • Ashley Furniture Industries, Inc. v. Rodriguez Morillo, No. 2:18-CV-01773-JPS (E.D. Wis. Jan. 18, 2019)
    01/18/2019

    Court granted request to effectuate service on a nonresident with a private process server, finding that service pursuant to Rule 4 of the Federal Rules of Civil Procedure is sufficient under § 9 of the FAA.

  • NCL (Bahamas) Ltd. v. O.W. Bunker USA, Inc., 17-4028-CV (2d Cir. Dec. 19, 2018)
    12/19/2018

    Court of appeals vacated district court’s preliminary injunction of a London arbitration, holding that, while participation in an arbitration to which a party did not consent constitutes irreparable harm, the district court failed to make adequate findings regarding the likelihood of success on the merits.

  • Choice Hotels International, Inc. v. Parabia, No. 8:18-CV-00177-TDC (D. Md. Dec. 3, 2018)
    12/03/2018

    Court granted motion for default judgment confirming arbitration award.  Court found that it need not specifically award post-judgment interest as plaintiff was entitled to it by statute.

  • McCormick v. America Online, Inc., No. 17-1542 (4th Cir. Nov. 29, 2018)
    11/29/2018

    Court of appeals vacated and remanded the district court’s order of dismissal based on lack of subject matter jurisdiction. Court of appeals explained that the court that has jurisdiction to compel arbitration under FAA § 4 also has jurisdiction to supervise the arbitration’s procedures and to confirm, vacate, modify, and enforce the resulting arbitration award. Court of appeals concluded that because the claim could, absent the arbitration agreement, be litigated in federal court under its federal-question jurisdiction, controversies regarding the arbitration of his claim should likewise be resolved in federal court.

  • Howes v. New York Life Insurance Company., No. 8:18-CV-00431-GJH (D. Md. Nov. 20, 2018)
    11/20/2018

    Court granted motion to dismiss action to vacate arbitration award, finding that plaintiff did not serve timely notice of its application in a manner that conformed to the FAA.

  • Agostino v. Ally Financial Inc., No. 8:18-CV-01202-CEH-TGW (M.D. Fla. Nov. 16, 2018)
    11/16/2018

    Court denied motion to compel arbitration without prejudice, finding that defendant failed to discharge its burden of proof by failing to provide copies of the agreement to arbitrate and assignment, but that due to federal policy in favor or arbitration, denial would be without prejudice so that defendant could refile.

  • Victory Energy Operations, LLC v. Union Carbide Corporation, No. 2:18-CV-00457 (S.D.W. Va. Nov. 16, 2018)
    11/16/2018

    Court dismissed action in favor of arbitration, finding that, where two contracts governed the parties’ relationship but only one had an arbitration clause, the claims were subject to arbitration because the plaintiffs’ complaint had treated two contracts as “one and the same” and that the claims related to both contracts.

  • Government Employees Insurance Company v. Mayzenberg, No. 1:17-CV-02802-ILG-LB (E.D.N.Y. Nov. 16, 2018)
    11/16/2018

    Court, inter alia, granted temporary stay of defendants’ 180 no-fault insurance collection arbitrations filed against insurer, finding that it would frustrate the purpose of the FAA and judicial economy if the FAA were interpreted to preclude granting stay.

  • Genosource, LLC v. Inguran, LLC, No. 1:18-CV-00113-CJW-KEM (N.D. Iowa, Nov. 16, 2018)
    11/16/2018

    Court granted motion for temporary restraining order, rejecting argument that such action was barred by arbitration agreement, since (i) the plaintiff did not sign the arbitration agreement but was alleged to have accepted it through its actions; and (ii) precedent barring preliminary injunctions in actions subject to arbitration did not necessarily apply to temporary restraining orders.

  • Great American Insurance Company v. Nelson, Inc., No. 2:16-CV-02283-TLP-CGC (W.D. Tenn., Nov. 16, 2018)
    11/16/2018

    Court denied motion to dismiss, finding that defendant had waived its right to assert arbitration by agreeing without reservation to court stipulation that it owed money to plaintiffs.

  • LLC Energoalliance v. Republic of Moldova, No. 1:14-CV-01921-CRC (D.D.C. Nov. 13, 2018)
    11/13/2018

    Court granted petitioner’s motion to lift a stay on an action seeking to confirm a foreign arbitration award pursuant to the New York Convention. Petitioner originally sought confirmation in 2014 of an award that was rendered by an ad hoc tribunal in an arbitration arising under the ECT. The court had previously stayed the confirmation proceedings pending review of the award first by the Paris Court of Appeal, which set aside the award because the tribunal lacked jurisdiction under the ECT, and then by the Cour de Cassation which reversed the Paris Court of Appeal and remanded for a new decision. The court stated that while this district had not explicitly adopted the Europcar factors set by Second Circuit precedent, they would still use these factors to determine whether the stay should be lifted. The court determined that the balance of the factors weighed in favor of lifting the stay.

  • Choice Hotels International, Inc. v. Kustwan, No. 8:18-CV-01231-TDC (D. Md. Nov. 8, 2018)
    11/08/2018

    Court granted plaintiff’s motion for default judgment, confirming the arbitration award.

  • Crafty Productions, Inc. v. Fuqing Sanxing Crafts Co. Ltd., No. 3:15-CV-00719-BAS-JLB (S.D. Cal. Nov. 7, 2018)
    11/07/2018

    Court denied plaintiff’s motion for reconsideration of court’s previous dismissal of copyright infringement claims, rejecting the plaintiff’s contention that the arbitrator’s findings in a parallel proceeding were evidence of error by the court.

  • Wedi Corp. v. Seattle Glass Block Window, Inc., No. 2:18-CV-00636-TSZ (W.D. Wash. Nov. 7, 2018)
    11/07/2018

    Court granted in part and deferred in part defendant’s motion for summary judgment. Court found that regarding plaintiff’s claims of breach of contract, breach of fiduciary duty, and misappropriation of trade secrets, plaintiff was barred on res judicata or collateral estoppel grounds from re-litigating these claims against defendant as plaintiff had pursued the same claims against the defendant’s owner in arbitration proceedings. Court deferred plaintiff’s fraud claim against the defendant pending further briefing.

  • Befort v. Farm Bureau Property & Casualty Insurance Company, No. 2:18-CV-02564-RM (D. Ariz. Nov. 5, 2018)
    11/05/2018

    Court granted plaintiff’s motion to remand to state court on the basis that the amount in controversy did not exceed $75,000.  To remove to federal court, defendant had relied on Plaintiff’s Certificate Regarding Compulsory Arbitration, which indicated that the action was not subject to compulsory arbitration as the jurisdictional limit for compulsory arbitration in the relevant county is $50,000, and on Plaintiff’s Offer of Judgment for $74,000. Court accepted Plaintiff’s Certificate Regarding Compulsory Arbitration as having certified that the amount in dispute exceeded $50,000.

  • Hunt v. Potter County, No. 4:16-CV-01729-MWB (M.D. Pa. Nov. 5, 2018)
    11/05/2018

    Court granted defendant’s motion for summary judgment.  In its discussion, court rejected defendant’s argument that plaintiff’s claims were preempted by plaintiff’s failure to exhaust the administrative remedies available to him by not entering binding arbitration.  Court found that exhaustion of remedies is not a prerequisite to action, but granted summary judgment on other grounds.

  • Texas Brine Company, LLC v. American Arbitration Association, Inc., No. 2:18-CV-06610-SSV-MBN (E.D. La. Nov. 2, 2018)
    11/02/2018

    Court granted defendants’ motion for judgment on the pleadings, because defendants’ arbitral immunity bars suit against them, and because vacatur is the exclusive remedy to challenge an arbitration award.  Plaintiff brought suit against defendants seeking to recover its arbitration costs in a separate dispute for defendants’ role in appointing allegedly conflicted arbitrators and for refusing to remove an arbitrator from the arbitration panel.

  • Process and Industrial Developments Limited v. Federal Republic of Nigeria, No. 1:18-CV-00594-CRC (D.D.C. Nov. 1, 2018)
    11/01/2018

    Court denied petitioner’s motion to certify respondent’s appeal as invalid or frivolous, retain jurisdiction, and lift stay.  Previously, court denied defendant’s motion to dismiss petitioner’s action to seek confirmation of an arbitral award on the grounds of lack of jurisdiction under the FSIA.  Petitioner objected to the motion to dismiss on the grounds that the FAA requires single petitions to enforce an arbitral award and defendant improperly sought to bifurcate.  Court agreed and ordered defendant to file a petition with all jurisdictional and substantive defenses.  Instead of complying with that order, defendant appealed on sovereign immunity grounds, and petitioner moved for the court to certify appeal as invalid or frivolous.

  • In re Application of Luis Javier Martinez Sampedro for an Order Pursuant to 28 U.S.C. § 1782 to Conduct Discovery for Use in a Foreign Proceeding, No. 3:18-MC-00047-JBA (D. Conn. Oct. 30, 2018)
    10/30/2018

    Court denied respondents’ motions to quash subpoenaed documents pursuant to a Section 1782 order for discovery related to ongoing litigation in Spain and ICC arbitration, but granted respondents’ motions to quash subpoenaed testimony since the Spanish court could compel respondents’ testimony. Court declined to prohibit petitioner from using discovered material in the ICC Arbitration, since there was no evidence that petitioner’s request for discovery for the Spanish litigation was a ruse for obtaining evidence for the arbitration. Court directed parties to meet and confer on the breadth of document production and denied respondents’ request for reciprocal discovery.

  • O’Quinn, P.C. v. Lexington Insurance Company, No. 16-20224 (5th Cir. Oct 18, 2018)
    10/18/2018

    Court of appeals affirmed the district court’s judgment that plaintiff-appellants’ claims were not covered under its policy with defendant-appellee. The claims arose when an arbitration panel issued an award against plaintiff-appellants in a fee dispute with plaintiff-appellants’ former clients. Plaintiff-appellants sought to recover a portion of the award amount from its professional liability insurance carrier, defendant-appellee. The findings of the arbitral tribunal characterized plaintiff-appellants’ actions as such that they were not covered by its insurance policy.

  • Symphony FS Limited v. Thompson, No. 5:18-CV-03904-JFL (E.D. Pa. Oct. 17, 2018)
    10/17/2018

    Court denied defendant’s motion to quash two subpoenas, including one directed to JAMS, rejecting the defendant’s argument that JAMS rules treat information relating to pending arbitration proceedings as confidential. Court found that defendant did not meet his burden to prove any particular harm that will result from the disclosure of pending arbitrations.

  • Garcia v. Keith and Kal, Inc., No. 1:17-CV-01230-AWI-JLT (E.D. Cal. Oct. 17, 2018)
    10/17/2018

    Court granted plaintiffs’ motion to dismiss and request for a protective order, finding that the defendant wished to litigate this case, instead of joining the related arbitration proceedings, in aid of an indemnity dispute with a third party, Specifically, the court found that defendant was perpetuating the action in order to take plaintiffs’ depositions, since obtaining them during arbitration discovery would be unlikely, and so the court also quashed defendant’s deposition notices.

  • Stemcor USA Incorporated v. CIA Siderurgica Do Para Cosipar, No. 16-30984 (5th Cir. Oct. 17, 2018)
    10/17/2018

    Court of Appeals exercised certification privilege requesting the Louisiana Supreme Court to resolve the question whether, as a matter of Louisiana law, the state non-resident attachment statute allows for attachment in a suit to compel arbitration. Court requested a precise meaning of the phrase “action for a money judgment.”

  • Nevarez v. Forty Niners Football Company, LLC, et al., No. 5:16-CV-007013-LHK (N.D. Cal. Oct. 16, 2018)
    10/16/2018

    Court granted plaintiff’s motion to compel production of documents and deposition of third parties, which were originally defendants in the suit; court dismissed the third-parties pursuant to a motion to compel arbitration. Court dismissed third parties’ argument that the motion was an attempt to circumvent the discovery restrictions in the arbitration proceedings and stipulated that any documents or depositions produced in this action were not to be used in the arbitration.

  • Esso Exploration and Production Nigeria Limited v. Nigerian National Petroleum Corporation, No. 1:14-CV-08445-WHP (S.D.N.Y. Oct. 12, 2018)
    10/12/2018

    Court granted petitioners’ motion for additional discovery in a suit seeking to enforce an arbitration award against the respondent state-owned oil company. Court found that respondent’s general manager and two additional employees would be deposed on the subject of whether the respondent company is an alter ego of the Nigerian government. Court also held that respondent must identify recipients of documents on its privilege log or produce those documents.

  • Petty v. Ashcroft, No. 2:18-CV-01323-JAD-VCF (D. Nev. Oct. 12, 2018)
    10/12/2018

    Court granted a stipulated protective order that all disclosure and discovery activity was entitled to confidential treatment extending to the court action and through the subsequent arbitration.

  • Georgia Southern University Housing Foundation One, LLC v. Capstone Development Corp v. Capstone Building Corp., No. 6:11-CV-00104-RSB-JEG (S.D. Ga. Oct. 12, 2018)
    10/12/2018

    Court found the statutes of limitations and repose had passed on the non-party’s claims and therefore denied the non-party’s motion to amend complaint and dismissed the non-party’s motion to enjoin arbitration.

  • Crawley v. Macy’s Retail Holdings, Inc., 1:15-CV-02228-KPF (S.D.N.Y. Oct. 11, 2018)
    10/11/2018

    Court granted motion to dismiss, finding that the plaintiff’s lone claim was subject to both claim and issue preclusion as the AAA arbitrator had addressed the question pending before the court and rejected the claim.  Court recognized the arbitrator under AAA had competent jurisdiction over the case.

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