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Law Libraries' NewsLog > Posts > Supreme Court Advance Release Opinion - 10/13/09
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10/13/2009Comprehensive Orthopaedics & Musculoskeletal Care, LLC v. Axtmayer - SC18304 ("The sole issue on appeal is whether the arbitrator exceeded his authority in declining to award attorney’s fees pursuant to the parties’ arbitration agreement. The plaintiffs, Comprehensive Orthopaedics and Musculoskeletal Care, LLC (Comprehensive), and certain physician members of Comprehensive, appeal from the judgment of the trial court, which denied the plaintiffs’ motion to vacate in part the arbitration award pursuant to General Statutes § 52-418 (a) (4), because it concluded that the arbitrator did not exceed his authority by determining that Comprehensive did not 'prevail' on its underlying restrictive covenant claim. On appeal, the plaintiffs claim that the arbitrator exceeded his authority by declining to award attorney’s fees because Comprehensive 'prevailed' under Connecticut law on its underlying claim, and, therefore, the arbitration agreement required the arbitrator to award attorney’s fees.")
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