United States First Circuit
Marks 3-Zet-Ernst Marks GMBH & Co. KG v. Presstek, Inc., 05-2794
Dismissal of a suit to compel international arbitration is affirmed where: 1) the relief plaintiff sought was unavailable since it involved a hearing by an international arbitration panel under rules that the panel would not apply; 2) the court was not obligated to hold an evidentiary hearing; and 3) arguments that could have been raised before may not be raised for the first time in a motion for reconsideration.
Appellate Information
- Decided 07/11/2006
- Published 07/11/2006
Judges
- LYNCH, Circuit Judge., Before TORRUELLA and LYNCH, Circuit Judges, and YOUNG, District Judge.
Court
- United States First Circuit
Counsel
- For Appellant:
- Kevin M. Fitzgerald, with whom John E. Friberg, Jr. and Nixon Peabody LLP were on brief, for appellant.
- For Appellees:
- James D. Rosenberg, with whom Arpiar G. Saunders, Jr. and Shaheen & Gordon, P.A. were on brief, for appellee.