§Why CasetextPricing

MDL 1735 - in Re: Wal-Mart Wage & Hour Employment Practices Litigation

RESPONSE to 737 MOTION to Vacate THE ARBITRATORS RULING AND OPPOSITION TO MOTION FOR CONFIRMATION OF THE RULING

77 Cited authorities

  1. Liteky v. United States

    510 U.S. 540 (1994)   Cited 7,662 times   6 Legal Analyses
    Holding that a judge's impatience and annoyance did not justify disqualification

  2. Hall St. Assocs., L.L.C. v. Mattel, Inc.

    552 U.S. 576 (2008)   Cited 1,963 times   60 Legal Analyses
    Holding that Federal Arbitration Act provides "exclusive" grounds for vacatur or modification of arbitration award

  3. Burlington v. Dague

    505 U.S. 557 (1992)   Cited 2,111 times   4 Legal Analyses
    Holding that the contingency aspect of a case cannot be considered when determining a statutory fee award

  4. Withrow v. Larkin

    421 U.S. 35 (1975)   Cited 2,406 times   5 Legal Analyses
    Holding that a claimant "must overcome a presumption of honesty and integrity in those serving as adjudicators . . . ."

  5. Camacho v. Bridgeport

    523 F.3d 973 (9th Cir. 2008)   Cited 1,477 times
    Holding that fees-on-fees must be calculated using the lodestar method

  6. Moreno v. Sacramento

    534 F.3d 1106 (9th Cir. 2008)   Cited 1,260 times   1 Legal Analyses
    Holding that a court may impose a discretionary 10 percent "haircut"

  7. Vizcaino v. Microsoft Corp.

    290 F.3d 1043 (9th Cir. 2002)   Cited 1,078 times   1 Legal Analyses
    Holding state law governing underlying claims in a diversity action “also governs the award of fees”

  8. Kerr v. Screen Extras Guild, Inc.

    526 F.2d 67 (9th Cir. 1976)   Cited 1,989 times   1 Legal Analyses
    Adopting 12 factors for consideration in attorney’s fees cases

  9. Ortiz v. Stewart

    149 F.3d 923 (9th Cir. 1998)   Cited 778 times
    Holding that a Lackey claim, not raised in a first § 2254 petition, does not fall within either exception to AEDPA's bar against subsequent claims

  10. United States v. Studley

    783 F.2d 934 (9th Cir. 1986)   Cited 925 times
    Holding that “a judge's prior adverse ruling is not sufficient” to establish bias

  11. Rule 60 - Relief from a Judgment or Order

    Fed. R. Civ. P. 60   Cited 53,643 times   146 Legal Analyses
    Granting relief from the operation of a judgment

  12. Section 10 - Same; vacation; grounds; rehearing

    9 U.S.C. § 10   Cited 5,420 times   103 Legal Analyses
    Vacating arbitration award appropriate " where the award was procured by corruption, fraud, or undue means; where there was evident partiality or corruption in the arbitrators, or either of them; where the arbitrators were guilty of misconduct in refusing to postpone the hearing, upon sufficient cause shown, or in refusing to hear evidence pertinent and material to the controversy; or of any other misbehavior by which the rights of any party have been prejudiced; or where the arbitrators exceeded their powers, or so imperfectly executed them that a mutual, final, and definite award upon the subject matter submitted was not made."

  13. Rule 408 - Compromise Offers and Negotiations

    Fed. R. Evid. 408   Cited 4,267 times   45 Legal Analyses
    Holding that premature deliberations constituted an internal jury influence subject to the post-verdict restrictions of Rule 606(b)

  14. Section 9 - Award of arbitrators; confirmation; jurisdiction; procedure

    9 U.S.C. § 9   Cited 3,546 times   19 Legal Analyses
    Providing that a court considering a motion to confirm "must grant" confirmation "unless the award is vacated ... as prescribed in"