Today, Judge Jolly ruled on a Motion to Dismiss in Essa Commercial Real Estate, Inc. v. Five Trees, LLC, in which the issues involved defenses of issue preclusion based on an Arbitration Award. 

The Court determined that the Award was entitled to collateral estoppel effect — even though the Defendants had not been parties to the arbitration — and dismissed a number of Plaintiff’s claims.  It also held, however, that the Plaintiff could seek to enforce the Award against the Defendants.

The Award had been obtained by the Plaintiff against two members…

Continue Reading Plaintiff Collaterally Estopped Based On Arbitration Award