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S.D.N.Y.Substantive rulingFiled Jan. 3, 2022

Trustees Of The New York City District Council Of Carpenters Pension Fund v…

Full caption

Trustees Of The New York City District Council Of Carpenters Pension Fund, Welfare Fund, Annuity Fund, and Apprenticeship, Journeyman Retraining, Educational and Industry Fund v. Vrex Construction Inc.

Judge
Jesse Furman
Docket
1:21-cv-09408
Court
U.S. District Court · Southern District of New York
Pages
3
ArbitrationSummary JudgmentCivil Procedure
In one sentence

In Trustees v. Vrex Construction, Judge Furman confirmed the entire arbitration award and awarded interest, attorneys’ fees, and costs.

Who this affects

The petitioners obtained confirmation of the entire arbitration award, along with pre- and post-judgment interest and attorneys’ fees and costs. Vrex Construction Inc., the respondent, did not oppose the petition.

What happened

In Trustees of the New York City District Council of Carpenters Pension Fund, Welfare Fund, Annuity Fund, and Apprenticeship, Journeyman Retraining, Educational and Industry Fund v. Vrex Construction Inc., the petitioners asked the court to confirm an arbitration award.

Vrex Construction did not respond to the petition or seek relief from the award. After reviewing the petition and supporting materials, the court found no genuine factual dispute preventing confirmation and found no legal basis under the Federal Arbitration Act to cancel the award.

Judge Jesse M. Furman confirmed the entire award and granted pre-judgment interest at 5.25 percent, post-judgment interest under federal law, and the petitioners’ requested attorneys’ fees and costs. He directed the petitioners to file a proposed judgment by January 10, 2022.

The detailed version

For law students, journalists, and other readers who want the full reasoning

Case
Trustees Of The New York City District Council Of Carpenters Pension Fund v… · No. 1:21-cv-09408
Judge
Jesse Furman
Date
Jan. 3, 2022

Background

The petitioners filed a petition to confirm an arbitration award. The court set a briefing schedule, and the petitioners served Vrex Construction with the petition, supporting materials, and schedule. Vrex’s opposition was due December 14, 2021, but Vrex neither responded nor sought relief from the award.

Court’s Analysis

Because the petition was unopposed, the court treated it like a summary-judgment motion based on the petitioners’ submissions. Summary judgment is a decision entered when the materials show that no genuine dispute of important facts requires a trial. The court found no genuine issue of material fact concerning any part of the award. It also found that the arbitrator’s decision had more than a “barely colorable justification” and that no basis under Section 10(a) of the Federal Arbitration Act justified vacating the award.

Interest, Fees, and Costs

The court granted pre-judgment interest at 5.25 percent, the rate awarded by the arbitrator. It also awarded post-judgment interest under 28 U.S.C. § 1961(a). In addition, the court awarded the petitioners’ requested attorneys’ fees and costs, finding that they had shown the reasonableness and necessity of the time spent, rates charged, and litigation costs.

Ruling

Judge Jesse M. Furman granted the petitioners’ unopposed petition to confirm the entire arbitration award. The petitioners were directed to file a proposed judgment electronically by January 10, 2022.

The authoritative version

Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

Open opinion PDF →
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