Rame, LLC et al v. Popovich et al
| Rame, LLC and Patina Restaurant Group, LLC |
| Mishi Popovich, Sandra Aguilera, Brendan Casey, Johan Mestanza, David Hewetson, Samuel Cuevas and Bonnie Wickeraad |
| 1:2012cv01684 |
| March 7, 2012 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| New York |
| Robert W. Sweet |
| Other Statutory Actions |
| 09 U.S.C. ยง 0010 |
| None |
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Filing
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OPINION. the Arbitrator's 29 page Award was "based upon a careful analysis of the DRA and DR policy as required by the now growing body of case law on the issue of class action arbitrations." (Award at 11). The Arbitrator did not so st ray from the "interpretation and application of the agreement" sufficient to have dispensed her "own brand of industrial justice" to exceed her powers nor exhibited a manifest disregard for the law. See Stolt-Nielsen, 130 S. Ct. a t 1767. She demonstrated an understanding of, addressed and applied or distinguished where appropriate the relevant case law, including, among others, the Bazzle, Stolt-Nielsen, and Jock line of cases, to the question presented before her. Because th ere exists a more than colorable basis for the Award, the Court finds the Petitioners have failed to meet their considerable burden. Upon the facts and conclusions set forth above, the petition to vacate the Award is denied and the Award is confirmed. It is so ordered. (Signed by Judge Robert W. Sweet on 7/2/2012) (rjm)
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