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$14 Million Arbitration Award for a City Affirmed, Plus Sentencing Matter

By FindLaw Staff on July 02, 2010 11:40 AM

MCI Constructors, LLC. v. City of Greensboro, 09-1606, concerned a challenge to the district court's grant of the defendant-city's motion to confirm an arbitration award in the amount of $14,939,004 in a contract dispute concerning a construction of a wastewater treatment plant.  In affirming the decision, the court held that the district court did not abuse its discretion in certifying the judgment as final under Rule 54(b), primarily because the relationship between the adjudicated and unadjudicated claims was severed by virtue of the parties' own admissions.  The court also held that the district court did not err in denying plaintiffs' motion to vacate the arbitration awards, and that the district court did not abuse its discretion in denying plaintiffs' motion to remand as the damages award is not ambiguous and the arbitration agreement did not require the arbitration panel to issue a reasoned award.

US v. Perez, No. 08-5078, concerned a challenge to the district court's imposition of a 96-month sentence in a conviction of defendant for unlawful possession of a firearm and ammunition by a person previously convicted of a felony.  In affirming the sentence, the court held that the district court did not err in applying a 2-point sentencing enhancement pursuant to U.S.S.G. section 5K2.3. The court also held that the district court's determination that defendant's actions had caused a significant disruption of a governmental function was not clearly erroneous, and that the totality of the circumstances demonstrates that defendant's sentence is substantively reasonable.

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