InterDigital Inc (IDCC)

[mschere]

IMO:While IDCC filed "24 blank pages"..Their Table of Authorities included THREE U.S.Supreme Court Decisions which are APPLICABLE to the issue before the Court..This will not go unnoticed by those who have Significant Investments in IDCC or are contemplating initiating a new position..It certainly will be understood by those Analysts that have been sitting on the sidelines..I actually felt Misco would have sufficed..

Posted by: mschere
In reply to: revlis who wrote msg# 124362 Date:8/26/2005 11:06:00 AM
Post #of 124618

IDCC is to Brief their N.Y. Federal Arbitral Award on 8/29..I expect them to Note the U.S. Supreme Court MISCO Decision.


If a party is only challenging the factual findings of an arbitrator, the standard of review is even more stringent. The Supreme Court has held that if "[n]o dishonesty is alleged, [and] only improvident, even silly, fact-finding is claimed," this is an insufficient basis to vacate an arbitrator's award. MISCO, 484 U.S. at 39. Thus, so long as an arbitrator had the authority within the collective bargaining agreement to make findings of fact, we must adhere to this stringent review of an arbitrator's factual determinations