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Petitioner William Colavito, representing Shopmen’s Local 455, sought to confirm three arbitration awards against Hockmeyer Equipment Corporation for breaching a collective bargaining agreement. Hockmeyer challenged the petition, arguing lack of personal jurisdiction, a lapsed statute of limitations, and evident partiality of one arbitrator, Nathan Cohen. District Judge William C. Conner determined that the court had both subject matter and personal jurisdiction under the United States Arbitration Act and applied its one-year statute of limitations. The court found Colavito's petition timely, but Hockmeyer's counter-petition to vacate one award was untimely. Furthermore, the court dismissed the claim of arbitrator partiality, noting Hockmeyer failed to meet its burden of proof and had likely waived the objection. Therefore, all three arbitration awards were confirmed, and Hockmeyer's cross-petition to vacate was denied.
In re the Arbitration between Colavito & Ornamental Iron Workers is a workers' compensation case decided in District Court, S.D. New York. This case addresses legal issues related to compensation claims, benefits, and court rulings.
It is commonly referenced in legal research involving workers' compensation laws in District Court, S.D. New York.
Full Decision Text1 Pages
Petitioner William Colavito, representing Shopmen’s Local 455, sought to confirm three arbitration awards against Hockmeyer Equipment Corporation for breaching a collective bargaining agreement. Hockmeyer challenged the petition, arguing lack of personal jurisdiction, a lapsed statute of limitations, and "evident partiality" of one arbitrator, Nathan Cohen. District Judge William C. Conner determined that the court had both subject matter and personal jurisdiction under the United States Arbitration Act and applied its one-year statute of limitations. The court found Colavito's petition timely, but Hockmeyer's counter-petition to vacate one award was untimely. Furthermore, the court dismissed the claim of arbitrator partiality, noting Hockmeyer failed to meet its burden of proof and had likely waived the objection. Therefore, all three arbitration awards were confirmed, and Hockmeyer's cross-petition to vacate was denied.
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