Delco LLC, dba Delco Products v. Leviathan Group LLC

Petitioner, Delco LLC (“Delco”), entered into a contract with Respondent Leviathan LLC (“Leviathan”) and both parties alleged that the other breached the contract. The parties engaged in arbitration before a single arbitrator in Michigan. The arbitrator issued a Partial Final Award and a Final Award. The District Court, for the Eastern District of Michigan (“District Court”), the confirmed the Final Award, but disregarded the Partial Final Award. The arbitration Partial Final Award provided that Delco receive any outstanding deliverables. By entering the Final Order and disregarding the Partial Final Award, Delco walked away from the arbitration with nothing, while the Defendant received its benefit of the bargain. The questions presented are:

1. Whether the Circuit Court of Appeals for the Sixth Circuit (“Sixth Circuit”) erred by not remanding to the District Court to order Leviathan to provide all outstanding contract deliverables to Delco; and

2. Whether the Sixth Circuit erred by not remanding to the District Court to order the invalidation of the award of attorney fees, given that the motion for fees and costs did not comport with Michigan law.