Alternative Dispute Resolution
Court Tosses Arbitrator’s Suit Against Law Firm That Sought His Recusal
Posted May 13, 2008, 07:59 am CDT
By Debra Cassens Weiss
A federal judge has ruled a private arbitrator has no standing to sue a law firm based on allegations it made false charges in court papers that sought to disqualify him.
Arbitrator Edwin Naythons, a former federal magistrate, had sued the Philadelphia-based law firm Stradley Ronon Stevens & Young for abuse of process, the Legal Intelligencer reports. Naythons had claimed the law firm falsely claimed he had backdated a ruling to avoid allegations he was biased by a death threat made shortly before the decision was to be issued.
Naythons claimed he had already written the ruling against leaders of the Philadelphia-based Church of the Lord Jesus Christ of the Apostolic Faith when he received the death threat.
U.S. District Judge Renee Marie Bumb of New Jersey dismissed Nathons’ suit, saying he was not a party to the litigation and had no standing to sue, the Intelligencer story reports. A contrary ruling would jeopardize the doctrine of judicial privilege protecting judges and lawyers from suits over statements in court proceedings, Bumb said in her opinion (PDF posted by the Legal Intelligencer).
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