LIFECARE INTERNATIONAL, INCORPORATED, A CALIFORNIA CORPORATION, PLAINTIFF-APPELLEE,
v.
CD MEDICAL, INC., A DELAWARE CORPORATION, C.D. MEDICAL, B.V., A DUTCH CORPORATION, DEFENDANTS-APPELLANTS

11th Cir. | 1996-05-31
No. 94-4595
Before EDMONDSON, Circuit Judge, HILL, Senior Circuit Judge, and MILLS , District Judge.
85 F.3d 519 Court of Appeals for the Eleventh Circuit (1996) Positive Treatment
Cited by 8 cases
Opinion of the Court
BY THE COURT:

BY THE COURT: The motion to recall the mandate filed by Movant Craig Edward Stein is GRANTED. We modify and supplement our opinion in this case with this observation: The statements by the Court in discussing the issues raised in this appeal concerning alleged bias on the part of Mr. Stein are based upon the record created by the parties to this case. As a nonparty, Mr. Stein was not entitled to present evidence or otherwise to respond to the allegations. Thus, the statements in the opinion should not be interpreted to represent conclusions of the Court about the actual conduct of Mr. Stein.

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  • Eaton Vance Distribs., Inc. v. Ulrich, 692 So. 2d 915 (Fla. 2d DCA 1997)
    …ether applying state or federal standards, the judicial review in cases involving the confirmation of an arbitration award is extremely limited. See 9 U.S.C. §§ 10(a), 11; Lifecare Int'l Inc. v. CD Med., Inc., 68 F. 3d 429 (11th Cir.1995), modified, 85 F. 3d 519 (11th Cir.1996); § 682.13, Fla.Stat. (1995); Schnurmacher Holding, Inc. v. Noriega, 542 So. 2d 1327 (Fla.1989). Thus, even under an ordinary standard, an appellate court’s review of a trial court’s order confirming an arbitration award is necessaril…
  • Scott v. Prudential Sec., Inc., 141 F.3d 1007 (11th Cir. 1998)
    …or evident partiality, the moving party must present evidence that would support a “reasonable impression of partiality” on the arbitrator’s behaE See Lifecare Int% Inc. v. CD Med., Inc., 68 F. 3d 429, 433 (11th Cir.1995), modified on other grounds, 85 F. 3d 519 (11th Cir.1996). The assertion of partiality, however, must be “direct, definite and capable of demonstration rather than remote, uncertain and speculative.” Id. (quoting Middlesex Mut. Ins. Co. v. Levine, 675 F. 2d 1197, 1202 (11th Cir.1982)).…
  • Delfina Montes v. Shearson Lehman Bros., Inc., 128 F.3d 1456 (11th Cir. 1997)
    …985 (1995), appellate courts are instructed to review the district court's factual findings for "clear error” and examine its legal conclusions de novo. See Lifecare Intern., Inc. v. CD Medical, Inc., 68 F. 3d 429 (11th Cir.1995), opinion modified, 85 F. 3d 519 (11th Cir.1996) (citing Davis v. Prudential Sec., Inc., 59 F. 3d 1186, 1188 (11th Cir.1995)). . The four statutory grounds for vacating an arbitration decision are: (1) where the award was procured by corruption, fraud, or undue means; (2) where the…

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