Michigan Court of Appeals Affirms that, Where an Arbitrators’ Decision is Challenged on Brevity, the Proper Procedure is…

In In Re Romanzi; Kenneth A. Nathan v. Fieger & Fieger, P.C., Nos. 20-2278/21-1004 (Mich. Ct. App. Apr. 8, 2022), the Michigan Court of Appeals affirmed that, where an arbitrators’ decision is challenged on brevity, the proper procedure is to remand the decision back to the arbitrators rather than vacate the award, and this action falls within the clarification-completion exception to functus officio.

Attorney Craig Romanzi’s employment terms at Fieger & Fieger (“the Firm”) entitled him to one-third of any future attorney’s fees for any case he brought to the firm. In 2014, Romanzi brought a case to the firm but quit his job less than a year later. Seven months after that, the case settled for $11.9 million, and the Firm was awarded $3.55 million in attorney’s fees. The Firm did not pay any of that sum to Romanzi…

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