Testo completo
* Pursuant to 5TH CIR. R. 47.5, the Court has determined that this opinion should not be
published and is not precedent except under the limited circumstances set forth in 5TH CIR. R.
47.5.4.
1
United States Court of Appeals
Fifth Circuit
F I L E D
March 31, 2004
Charles R. Fulbruge III
Clerk
UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
__________________
No. 03-30614
__________________
BERK-COHEN ASSOCIATES, L.L.C.,
Plaintiff-Appellant,
versus
ORKIN EXTERMINATING COMPANY, INC.,
Defendant-Appellee.
_________________________
Appeal from the United States District Court
for the Eastern District of Louisiana
(94-CV-3090)
_________________________
Before KING, Chief Judge and BENAVIDES and CLEMENT, Circuit Judges.
PER CURIAM:*
Appellant Berk-Cohen Associates, L.L.C. (“Berk-Cohen”) appeals the district court’s
enforcement of an arbitration award on the grounds that the arbitrators acted with manifest disregard
of the law. Assuming arguendo that the “manifest disregard of the law” standard is a valid basis for
-- 1 of 2 --
2
vacating an arbitration award for a dispute arising under a commercial contract, we agree with the
district court that Berk-Cohen nonetheless failed to meet this high standard of proof. We agree with
the district court’s conclusion that the arbitration panel did not commit manifest error in ruling that
Berk-Cohen sho uld have mitigated the damages caused by the negligence of Orkin Exterminating
Company, Inc. AFFIRMED.
-- 2 of 2 --
