Daniel Wallach @WALLACHLEGAL 4m4 minutes ago
If Brady wins, "fundamental fairness" (i.e., the absence thereof) will be the key, most likely coupled with a "no notice" or "bias" finding
Daniel Wallach @WALLACHLEGAL 20m20 minutes ago
Question is whether Brady had "fair" opportunity to present arguments & evidence when denied J. Pash testimony & investigative notes. Me: no
Daniel Wallach @WALLACHLEGAL 23m23 minutes ago
Recent decision by Judge Berman equates “fundamental fairness” w/ “opportunity” to “present arguments and evidence”
Daniel Wallach @WALLACHLEGAL 25m25 minutes ago
J Berman (2015): “Each party was given an adequate opportunity to present its arguments & evidence” (award confirmed)
Daniel Wallach @WALLACHLEGAL 28m28 minutes ago
Judge Berman (2015): "An arbitrator must only give each of the parties an adequate opportunity to present its evidence and argument”
Daniel Wallach @WALLACHLEGAL 29m29 minutes ago
Judge Berman (2015): "Except where fundamental fairness is violated, arbitration determinations will not be opened up to evidentiary review"
Daniel Wallach @WALLACHLEGAL 31m31 minutes ago
Judge Berman (2000): "Actual prejudice warranting vacatur of arbitration award is misconduct that amounts to denial of fundamental fairness"
Daniel Wallach @WALLACHLEGAL 36m36 minutes ago
Judge Berman (2003): “Except where fundamental fairness is violated, arbitration determinations will not be opened up to evidentiary review”