Intile

Intile v. Mow

Good Law
35 F. App'x 685
United States Court of Appeals for the Ninth CircuitMay 28, 2002No. 01-55476; D.C. No. CV 97-05434-SVWCalifornia395 words

Opinion

Lead Opinion

MEMORANDUM **

Plaintiffs-Appellants Rick Intile, Tom Riordan, and Joseph Dickinsen (“Appellants”) appeal the district court’s confirmation of an arbitration award in favor of Defendant-Appellee William C. Mow. This *686 Court has jurisdiction under 28 U.S.C. § 1291 .

Decisions confirming arbitration awards and denying vacatur are subject to de novo review by this Court. Woods v. Saturn Distrib. Corp., 78 F.Sd 424, 427 (9th Cir. 1996). De novo review also applies to the district court’s adoption of the legal standard governing the impartiality of the arbitrator. Id. However, the factual findings underlying the district court’s decision will only be reversed if there is a showing of clear error. Id.

Appellants contend that the initial arbitrator erred in relying on California Code of Civil Procedure (“CCP”) § 1284.2 as the basis for requiring the parties to share the costs of the arbitration because the statute is unconstitutional under the Takings Clause of the Fifth Amendment. This argument is without merit. There is no evidence that this statute is implicated because there is no evidence that the arbitrator premised his final order directing the parties to share costs on this…

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