Beljakovic v. Melohn Properties

U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Alternative Dispute Resolution

New York Law Journal

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Judge Jesse Furman

Arbitration was held on Beljakovic claim that former employer Melohn Properties Inc. discriminated against him contrary to the Age Discrimination in Employment Act. The arbitrator's award favored Melohn. In finding that Melohn did not discriminate against Beljakovic contrary to the act—or the New York State Human Rights Law—the arbitrator found that Beljakovic's evidence did not draw any connection between his age and wrongful acts by Melohn or its agents. Confirming the arbitral award, district court rejected Beljakovic's assertion that the arbitrator was conflicted. Deeming the allegations focused on the first two of the four factors—set forth in Federal Arbitration Act §10—for which a court may vacate an arbitral award, district court held that to the extent Beljakovic's alleged the arbitrator was biased against him, that claim failed because Beljakovic presented no evidence of the bias, partiality or corruption beyond conclusory statements and speculation. To the extent Beljakovic argued the award was based on perjured testimony, he had ample opportunity to present that argument to the arbitrator, and asserted no new evidence thereof to district court.

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