UNITED STATES 13 February 2023 Certain Underwriters v Belmont Commons
United States District Court, Eastern District of Louisiana, 13 February 2023, CIVIL ACTION NO. 2:22-cv-3874; C/W 2:22-cv-3876(Certain Underwriters at Lloyd’s, London Severally Subscribing to Certificate No. AMR-73525, et al. v. Belmont Commons L.L.C. d/b/a 925 Common and Belmont ... Read more
United States District Court, Eastern District of Louisiana, 13 February 2023, CIVIL ACTION NO. 2:22-cv-3874; C/W 2:22-cv-3876(Certain Underwriters at Lloyd’s, London Severally Subscribing to Certificate No. AMR-73525, et al. v. Belmont Commons L.L.C. d/b/a 925 Common and Belmont Delaware L.L.C.)
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UNITED STATES 13 February 2023 Certain Underwriters v Belmont Commons
The District Court denied the motion to reconsider its 3 January 2023 order compelling arbitration. Belmont argued that reconsideration was necessary to correct a manifest error of law, because the Court had applied equitable estoppel to hold that Belmont was prevented from objecting to arbitration as to only the domestic defendants, and the application of estoppel conflicted with a Louisiana statute. The Court disagreed, holding that the alleged manifest error was not premised on any ruling which runs contrary to any settled Louisiana or Fifth Circuit law. A second motion for reconsideration was denied on 23 March 2023.
Multi-party disputes: The court discusses under which conditions non-signatories are covered by an arbitration agreement entered into by another party.