United States Third Circuit

In an action involving the payment of a settlement, district court's grant of summary judgment against defendant is affirmed where plaintiff is not subject to the awards issued in arbitration between defendant and co-defendant Ward, as plaintiff and defendant never agreed to arbitrate and there is not such an identity of interests between plaintiff and co-defendant in the outcome of the arbitration that justifies binding plaintiff to the award. District Court did not abuse its discretion in granting injunctive relief to plaintiff as defendant has a history of using the arbitration scheme to circumvent structured settlement payments and bind settlement obligors to arbitrations they did not consent to.

Appellate Information

• Decided 03/03/2009
• Published 03/03/2009

Judges

• Before:  AMBRO, WEIS and VAN ANTWERPEN, Circuit Judges.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• Monica Cavazos-Rosas, Esquire, Susan F. Hatcher, Esquire, Stewart A. Feldman, Esquire, The Feldman Law Firm, LLP, Houston, TX, Attorneys for Appellant.


• For Appellees:
  
• Stephen R. Harris, Esquire, Katherine L. Villanueva, Esquire, Drinker Biddle & Reath LLP, Philadelphia, PA, Attorneys for Appellees.