CACV of Colorado asking for Confirmation of Arbitration Award
Date: Fri, 02/06/2009 - 22:10
I'm thinking that my main line of defense to get the case thrown out will be the FAA clause that limits filing an award confirmation to one year. But I don't know how Missouri courts interpret that law and have been unable to find Missouri caselaw to support that line of defense.
I understand that it's unlikely that these types of cases will get dismissed, but I'll certainly try to fight them the best I can. I'm hunting for anything that I can use in my defense.
I did win a case against Discover card recently, but that didn't involve arbitration.
Any tips or suggestions?
Thanks,
B.
I was reading about you being sued to confirm an arbitration awa
I was reading about you being sued to confirm an arbitration award in Missouri. Have you gone to court yet & what was the outcome? I am in a similar situation but they are trying to confirm the award after 4 yrs of getting it.
Hi Guest, If the award was through the NAF, you may wish to
Hi Guest,
If the award was through the NAF, you may wish to read the following:
Class Action Lawsuit Against National Arbitration Forum
Hi Chrys, I have read the whole suit & have stacks of informati
Hi Chrys,
I have read the whole suit & have stacks of information to take with me to court at the end of this month.
I am wondering how this is going to effect the confirmation of the award that the NAF gave to Gerald E. Moore, World Wide Asset, in June of 2005. They supposably won an award that I did NOT want to arbitrate & they are now, over 4 yrs later, trying to confirm in court.
Chrys, Any idea where I go to do that or since I am going to tr
Chrys,
Any idea where I go to do that or since I am going to trial at end of month, do I need to go that way? I asked for a dismiss but was denied by the court but that was before this happened. I also filed for punitive damages from them but that is still going, for now.
Just contact the legal counsel representing the Class. See the l
Just contact the legal counsel representing the Class. See the link above.
It will be interesting to see how this all pans out. This is bigger than it looks at first glance. It seems that they are tied to Mann Bracken in a roundabout sort of way:
(From the Wisconsin Law Journal link)
According to the AG complaint (Paragraph 2) the hedge fund is "Accretive, LLC (a family of New York hedge funds under the control of an investment manager named J. Michael Cline and his associates)".
"http://lawyersusaonline.com/wp-files/pdfs/nafcomplaint.pdf"
As far as older arbitration claims, that also is discussed in the article.
Lots more info here:
"http://fivemilliondots.com/post/2009/07/23/Many-Questionable-Debt-Collectors-One-Man-and-a-Hedge-Fund-to-Rule-Them-All.aspx"
(take out any spaces)
MoGuest, I'm still in the middle of the suit. They filed it at
MoGuest, I'm still in the middle of the suit. They filed it at the first of the year and it has been continued to November. It has become an ugly battle. I ended up hiring an attorney. I know about the developments with the Minnesota Attorney General's case, but I don't know if that will be a means to throw out such awards. Unfortunately, since she settled with the NAF, her suit amounts to allegations. Plus, in order to submit the information in her suit to the court, certain rules of evidence have to be followed.
I suggest you hire a good consumer attorney. CACV will play dirty. It will take a lot of know how to effectively fight back.
Good luck with your case!
As for the 1-year statute of limitations in the FAA. Missouri doesn't interpret it as a limitation in confirming an award. It does prevent the other side from getting summary judgment--meaning, they have to take it to trial.
Heads will roll!
If these companies have broken the law, believe me, they are not going to skate! In lieu of the Madoff scandal and the increasing number of home foreclosures and continued unemployment among millions....these companies will go under.
