Olick et. al v. John Hancock Mutual Life Insurance Company, et al, Nos. 05-1485, 06-1209 (unpublished). I think we know where this is going where we see a pro se on one side, and Debevoise on the other, and “unpublished” at the top.
But, there is one interesting principle: in an arbitration, a question of claim preclusion is not solely left to the arbitrator: the courts will review this because “it would deem arbitrable various disputes that have generally been held to be matters for the court.” The court also notes that a contractual provision requiring “an award to be “offset” by any “prior relief” received by a claimant” is still not shift questions of preclusive effect to the arbitrator.
This the court first disposes of an argument that it is not reviewing an early ruling denying FRCP 59(e) relief because a notice of appeal was not accepted. The court concludes that it will review all the denials of relief because nobody is prejudiced by such a denial.
The underlying case seems to involve the after-effects of an arbitration. The plaintiffs concede that they were wrong on some points, and the Court agrees with the District Court, that the defendants followed the terms of the arbitration.
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