A group of reinsurers successfully moved to file under temporary seal a final arbitration award and motion to dismiss for lack of subject matter jurisdiction in an action petitioning for confirmation of the arbitration award. The Respondent moved to dismiss, contending that the jurisdictional amount in controversy requirement was not satisfied, and sought to file the award under seal in support of its motion to dismiss. All parties had expressed the concern that filing the award as a matter of the public record would violate the arbitration panel’s confidentiality order. The court permitted the Respondent to “temporarily file” its motion to dismiss and the award under seal, pending a determination of the motion to dismiss. Follow the links to view the petition to confirm the arbitration award, the memorandum of law supporting the motion to file under seal, and the court’s order. American Bankers Insurance Co. of Florida v. National Casualty Co., Case No. 08-13522 (USDC E.D. Mich. Oct. 10, 2008).
This post written by Brian Perryman.