United States Second Circuit
Ipcon Collections LLC v. Costco Wholesale Corp., 11-3944
In claim for fraud and fraud in the inducement against Costco, the judgment granting Costco's motion to dismiss is affirmed, where: 1) under the terms of the contracts and the Federal Arbitration Act, Ipcon's claim must be considered by an arbitrator; 2) the denial of Costco’s request for sanctions under Rule 11 was not an abuse of discretion by the District Court, and 3) Costco's motion for sanctions under Rule Procedure 38 is denied because there is no reason to disagree with the District Court's decision not to award sanctions.
Appellate Information
- Decided 10/09/2012
- Published 10/09/2012
Judges
- CABRANES
Court
- United States Second Circuit