Issues of arbitral procedure belong to arbitrators, not courts. In 2002, the Supreme Court's opinion in Howsam identified as exceptions to this rule only two, "gateway" issues of arbitrability: "whether the parties are bound by a given arbitration clause" and "whether an arbitration clause in a concededly binding contract applies to a particular type of controversy." In all nine of its subsequent decisions related to arbitration and the Federal Arbitration Act ("FAA"), the Supreme Court has consistently maintained the strong federal policy favoring arbitration and the restricted nature of judicial involvement in and review of arbitral awards. Likewise, federal courts of appeal have uniformly rejected invitations to intrude into pending arbitrations, including attempts to disqualify sitting arbitrators. Against this body of law stands a recent decision in which a federal district court interrupted a pending arbitration, over four years after its commencement and shortly before the hearing on the merits, to decide an issue of arbitral procedure and enjoin a party from using its chosen party-arbitrator. Trustmark Insurance Co. v. John Hancock Life Ins. Co., No. 09 C 3959, 2010 U.S. Dist. LEXIS 4698 (N.D. Ill. Jan. 21, 2010) (appeal pending) ("Trustmark II"). Trustmark II is more than aberrational, it is simply wrong.
Day Pitney Insurance and Reinsurance Partner Jonathan S. Zelig and Associate Jason E. Rusche scored a decisive win in a Louisiana direct action against insurer clients Beazley Insurance Company, Inc. and Syndicates 2623/623 at Lloyd’s.
Day Pitney Partner Michael P. Mullins has again been named to the Who's Who Legal list for Insurance & Reinsurance 2023.
Day Pitney Partner Joseph K. Scully has been named to the Who's Who Legal List for Insurance & Reinsurance 2023.
Day Pitney's election of 11 new partners, including one in Hartford, was featured in the Hartford Business Journal article, "Retersdorf Named Partner at Day Pitney."
Day Pitney's election of 11 new partners, including two in Connecticut, was featured in the New Haven Biz article, "Day Pitney Promotes Two Connecticut-based Attorneys."
Day Pitney's election of 11 new partners was featured in Law360 Pulse article, "Day Pitney Elevates 11 To Partner."
Day Pitney's election of 11 new partners, including two in Connecticut, was featured in the Connecticut Law Tribune article, "New Partners Kick Off New Year at Connecticut Firms."
Day Pitney Press Release
Day Pitney Press Release
Day Pitney Press Release