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Marathon Entertainment v. Fox & Spillane
Appellant Marathon Entertainment, Inc. filed an arbitration claim alleging that its former counsel, Fox & Spillane LLP, committed malpractice in three separate lawsuits involving former Marathon clients. Fox & Spillane filed a counterclaim asserting that Marathon and its president, Richard Siegel, owed the firm more than $200,000 in unpaid legal fees. After a five-day arbitration hearing, the arbitrator issued a written ruling that rejected all of Marathon's claims and awarded Fox & Spillane $200,208.86 for unpaid legal work. An appellate arbitrator affirmed the ruling, but reduced Fox & Spillane's recovery to approximately $85,000.
Marathon and Siegel filed a petition to vacate the award arguing that the parties' arbitration agreement permitted the trial court to review the merits of the arbitrator's decision. In addition, they alleged that: (1) the arbitrators failed to decide a â€

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