Tuesday, November 09, 2004
The Second Circuit held that the arbitrator's affidavit was inadmissible and its use in the summary judgment motion was prejudicial to the plaintiff. It is well settled law that testimony revealing the deliberative thought processes of judges, juries or arbitrators is inadmissible. Admission of the affidavit put the plaintiff in an impossible spot: she could not rebut the thought processes of the arbitrator. Hence, the Court vacated the decision to the extent it granted summary judgment on the issue of liability.
The Court did affirm the decision to the extent that it ruled in favor of the law firm on its counterclaim for the costs and expenses of the arbitration.
The decision in Rubens v. Mason can be found here.