Oral arg. – COA – Dec. 6, 2016

At 10:00 the COA will hear the case of Paige Electric Co. v. Davis & Feder, P.A, a challenge to an arbitration award.

After Hurricane Katrina, Paige Electric contracted with Southern Construction,  a Florida corporation, to provide electrical contracting on all of Southern Constructionʼs projects.  When Southern Construction failed to pay Paige Electric  $271,364.22 on its last project, Jerry Paige retained Davis & Feder to handle his claims.  David Brisolara of Davis & Feder filed a collection suit against Southern Construction and sought to place a lien  against the property owner Hancock Hotels. A default judgment was obtained on the collection suit but by that time  Southern Construction had no assets. Paige maintains that Brisolara did not actively prosecute the lien claim and let the SOL lapse while talling Paige that he was pursuing the lien.

Paige Electric filed suit against Davis & Feder in January  2014. The case ended up in arbitration and the arbitrator ultimately ruled against Paige Electric.  Paige Electric challenged the arbitration award and when it lost in circuit court, appealed.

Paige Electric summarizes its argument as follows:

Paige Electric recognizes that Miss. Code Ann. § 11-15-23 provides the only bases for refusing to enforce an arbitration award. However, the record in this appeal substantiates claims that the arbitrator imperfectly executed his 18 powers and exceeded his authority in violation of Miss. Code Ann. § 11-15-23(d) and 9 U.S.C. § 10(a)(4). The record further substantiates that the arbitrator refused to hear evidence material to the controversy and other misconduct in violation of Miss. Code Ann. § 11-15-23(c) and 9 U.S.C. § 10(a)(3). Additionally, the Circuit Court erred in declaring that the underlying arbitration clause was not unconscionable, or alternatively, in failing to severe those claims that were not subject to an arbitration agreement and grant Paige Electric a jury trial on those claims.

paige-electric-brief

davis-feder-brief

paige-electric-reply-brief

Watch the argument here

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