Monthly Archives: October 2014

Victor Metsch Chosen as a Super Lawyer in the Super Lawyers’ 2014 New York Metro List


Victor Metsch

 Chosen as a Super Lawyer in the Super Lawyers’ 

2014 New York Metro List

 The Super Lawyers distinction honors attorneys who attain a high degree of peer recognition and professional achievement as some of the region’s pre-eminent lawyers. Super Lawyers is a rating service of lawyers from more than 70 practice areas. The selection process includes independent research, peer nominations and peer evaluations, all of which result in a comprehensive and diverse listing of the top attorneys in each state. No more than 5 percent of the lawyers in the state are selected as Super Lawyers and no more than 2.5 percent are selected as Rising Stars.

Victor is Of Counsel in the Litigation, Alternative Dispute Resolution and Appellate Practices of Smith, Gambrell & Russell, LLP.

Arbitration Clauses/The Punitive Damages “Minefield”

The conventional legal “gospel” with respect to agreements to arbitrate and arbitration proceedings is that such agreements/proceedings are governed by either the New York Civil Practice Law and Rules (the “CPLR”), on the one hand, or, where subject matter jurisdiction exists therefor, the Federal Arbitration Act (the “FAA”), on the other. To the contrary, however, a recent decision by the First Department is a stark reminder that both the CPLR and the FAA can be “trumped” by the rules of the arbitration forum designated by the parties.

In Matter of Flintlock Construction Services, LLC . v. Weiss, 2014 NY Slip Op 05818 (1st Dept. August 14, 2014), Supreme Court denied a petition to stay respondent’s claim for punitive damages. The petition was based upon the “legal sacrament” of Garrity v. Lyle Stuart, Inc., 40 N.Y. 2d 35, 386 N.Y.S. 2d 831 (1976).

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