United States Second Circuit

In a dispute over an arbitration clause in the parties' Asset Management Facilitation Agreement, district court's judgment is affirmed where: 1) the denial of the motion to recuse was not an abuse of discretion as petitioner has failed to show that the extrajudicial acquisition of information requires recusal; and 2) based on the interaction of Rule 41(a)(1)(A)(i) and Fed R. Civ. P. 81(a)(6) with 9 U.S.C. sections 4 and 6, petitioner's purported voluntary dismissal was improper because Rule 41(a)(1)(A)(i) does not apply in the context of petitions to compel arbitration.

Appellate Information

• Decided 07/25/2012
• Published 07/25/2012

Judges

• Livingston

Court

• United States Second Circuit

Counsel