August 25, 2019

Archives for August 12, 2010

Tenth Circuit: Opinions, 8/11/10

The Tenth Circuit on Wednesday issued one published opinion and one unpublished opinion.


In Newmont U.S.A. v. Ins. Co. of North America, the Court affirmed in part and reversed in part the district court’s decision. The district court properly compelled arbitration; the settlement agreements between the parties did “not evidence the parties’ express or clearly implied intent to repudiate post-expiration arbitrability.” However, because the post-judgment interest was also arbitrable, the arbitration panel had authority over the issue, and the district court erred in modifying the final award.


Davis v. Jones