Nathan Deal Judicial Center in Atlanta. (Photo: Mike Glatzer for ALM) 'I Don't Know If I Buy That': Judge Hesitant to Attribute Fee Award to Arbitrator 'Misconduct'
Presiding Judge Stephen Dillard Dillard grilled a plaintiffs' attorney on whether serving as an arbitrator while on pain medication constitutes misconduct..
April 12, 2024 at 04:04 PM
5 minute read
What You Need to Know
- The plaintiff-appellees convinced a trial court to vacate an arbitration award, arguing the arbitrator was under the influence of strong pain medicaiton.
- The defendant-appellants appealed, arguing the award should stand.
- At least one judge appeared hesitant to uphold the vacatur of the award, reasoning that doing so is incredibly rare.
The Georgia Court of Appeals is weighing whether an attorney fee award reduced to $78,000 from $524,000 should be vacated because the arbitrator was impaired by strong back pain medication when he amended the award after oral argument on Tuesday. Presiding Judge Stephen Dillard, however, was wary of upholding the vacatur of an arbitration award.
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