United States First Circuit

Where a plaintiff make a strategic decision to litigate the effectiveness of an arbitration clause rather than dismiss the defendant asserting arbitrability, Rule 60(b) does not afford relief after an order compelling arbitration.

Appellate Information

• Decided 05/03/2001
• Published 05/03/2001

Judges

• LYNCH, Circuit Judge., Before LYNCH, Circuit Judge, BOWNES, Senior Circuit Judge, and LIPEZ, Circuit Judge.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Glen DeValerio, with whom Michael G. Lange, Alicia Duff, Berman, DeValerio & Pease LLP, Francis A. Ford, James R. Hubbard, and Ricci, Hubbard, Leopold, Frankel & Farmer, PC were on brief, for appellants.


• For Appellees:
  
• Patrick W. Shea, with whom Adam S. Bozek, Paul, Hastings, Janofsky & Walker LLP, Joseph M. Hamilton, and Mirick, O'Connell, DeMallie & Lougee were on brief, for appellees.