United States Sixth Circuit

In a suit brought by husband and wife medical doctors against former employer-hospital and related defendants for taking a variety of "punitive actions" that allegedly interfered with their medical practices, partial denial of plaintiffs' motion to confirm in part and modify in part a $1.6 million arbitration award is affirmed where: 1) plaintiffs forfeited a claim that the award had to be modified due to "an evident material miscalculation of figures" by failing to raise the argument below; 2) an arbitrator's reasoned merits ruling regarding the appropriate amount of an attorneys' fees award is not viewed as a "matter of form" for purposes of 9 U.S.C. section 11(c); 3) prior circuit precedent still prohibits modifying (as opposed to vacating) an arbitration award based on an alleged "manifest disregard" of law.

Appellate Information

• Decided 12/24/2008
• Published 12/24/2008

Judges

• Before:  ROGERS, SUTTON and McKEAGUE, Circuit Judges.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ON BRIEF:  Elmer L. Roller, Law Office of Elmer L. Roller, Bloomfield Hills, Michigan, Gary P. Supanich, Law Office, Ann Arbor, Michigan, for Appellants.  W. Mack Faison, Richard Joseph Seryak, Miller, Canfield, Paddock & Stone, Detroit, Michigan, Linda O. Goldberg, Miller, Canfield, Paddock & Stone, Ann Arbor, Michigan, for Appellees.