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Justia Daily Opinion Summaries

US Court of Appeals for the Fourth Circuit
January 14, 2020

Table of Contents

Iraq Middle Market Development Foundation v. Mohammad Harmoosh

Arbitration & Mediation, Civil Procedure

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US Court of Appeals for the Fourth Circuit Opinions

Iraq Middle Market Development Foundation v. Mohammad Harmoosh

Docket: 18-2212

Opinion Date: January 13, 2020

Judge: Diana Jane Gribbon Motz

Areas of Law: Arbitration & Mediation, Civil Procedure

On remand from the district court, the Fourth Circuit vacated the district court's grant of summary judgment to debtor in an action arising from the nonpayment of a promissory note. The court held that the district court did not give proper weight to the evidence before it; the evidence construed most favorable to the party opposing summary judgment, the Foundation, was that debtor waited until after the entry of final judgment to assert an arbitration defense; and neither debtor nor the district court has pointed to a single case in which a party waited until after the entry of final judgment to raise the right to arbitration without defaulting that right. Rather, the court held that, in such circumstances, courts have typically found default of the right to arbitrate, even in cases involving domestic judgments. In this case, given the dueling deposition testimony, the court held that a genuine issue of material fact remains as to whether debtor asserted his right to arbitrate during proceedings in the Iraqi trial court.

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