AIG Baker Sterling Heights, LLC v. American Multi-Cinema, Inc.

579 F.3d 1268, 74 Fed. R. Serv. 3d 450, 2009 U.S. App. LEXIS 18639, 2009 WL 2498482
CourtCourt of Appeals for the Eleventh Circuit
DecidedAugust 18, 2009
Docket08-14600
StatusPublished
Cited by45 cases

This text of 579 F.3d 1268 (AIG Baker Sterling Heights, LLC v. American Multi-Cinema, Inc.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eleventh Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
AIG Baker Sterling Heights, LLC v. American Multi-Cinema, Inc., 579 F.3d 1268, 74 Fed. R. Serv. 3d 450, 2009 U.S. App. LEXIS 18639, 2009 WL 2498482 (11th Cir. 2009).

Opinions

EDMONDSON, Circuit Judge:

This appeal is about a district court’s power to grant some relief from its judgment.

Several years ago American Multi-Cinema, Inc. (American) arbitrated a tax dispute with AIG Baker Sterling Heights, LLC and A.B. Olathe II LP (collectively, Baker), from whom American leased space in shopping centers. The arbitration panel coneluded that American owed Baker under the terms of their lease agreements almost a million dollars to cover a portion of the taxes on those properties. But after the panel issued the award, American learned that it had already paid some of the taxes directly to the taxing authority. Then, in the district court, American, claiming a mistake in the award, sought modification of it to reflect the tax actually already paid. The district court accepted American’s argument and revised the award, but this Court reversed on appeal in AIG Baker Sterling Heights, LLC v. Am. Multi-Cinema, Inc., 508 F.3d 995 (11th Cir.2007) (Baker I)-

On remand, the district court, per Baker I, entered a judgment confirming entirely the arbitration award. But the case did not stop there: the district court later granted American some relief — under Fed. R.Civ.P. 60(b)(5) — from the judgment to account for the taxes American had paid to the taxing authority.1 Baker appeals this latter decision. Baker says that the district court violated the mandate in Baker I and went beyond the exclusive grounds for modifying an arbitration award under the Federal Arbitration Act (FAA), 9 U.S.C. §§ 1-16. Seeing no error, we affirm the district court order.

Background

American leased space from Baker in shopping centers located in Michigan and Kansas. The lease agreements required American to pay to Baker money to cover some of the taxes on those properties, and Baker was to pay the taxing authority all money due. A dispute arose over the amount of money that American owed Baker. The parties agreed to arbitrate the dispute in Kansas City, Missouri, and the arbitration panel awarded $866,425.18 to Baker.

[1270]*1270A portion of the award — $226,771.76— represents money American owed Baker for taxes on the Kansas property in 2002. Ownership of the Kansas property changed in the middle of 2002, and the new landlord that replaced Baker then asked American to pay tax money that American owed Baker for the first half of 2002 directly to the taxing authority. American made the payment but has since realized that it should have paid Baker and that Baker should have paid the taxing authority. At the time of the arbitration, American, however, presented none of this “taxes-paid” information; instead, American stipulated that it paid to Baker no money for taxes on the Kansas property in 2002.

After arbitration, Baker filed an action in the Northern District of Alabama to confirm the arbitration award. American filed an answer and counterclaim in the Alabama district court and filed a separate action in the Western District of Missouri to modify the arbitration award to reflect the taxes American had paid to the taxing authority. The Missouri district court transferred its action to the Alabama district court, which consolidated the two cases. The Alabama district court then granted American’s motion for modification of the arbitration award on the basis of an “evident material mistake” and reduced the award to account for the tax payment. Baker appealed.

This Court reversed on appeal in Baker I. We said, among other things, that American’s failure to identify the taxes it paid to the taxing authority in the facts stipulated at arbitration was no “evident material mistake” within the meaning of the FAA. Baker I, 508 F.3d at 999-1000. We, therefore, concluded that the district court erred in modifying the arbitration award and remanded the case for further proceedings. Id. at 1003.

On remand, the district court held a status conference. The district court informed the parties that it wanted to credit American for the actual payment to the taxing authority and asked the parties to brief how the district court could legitimately accomplish that goal. In response, American suggested that the district court take two steps: first, enter a judgment confirming the arbitration award; and, second, grant American relief from the judgment under Rule 60(b)(5) on the ground that the earlier tax payment had satisfied some of the judgment. The district court adopted this approach over Baker’s objections. Baker now appeals the decision to grant American some relief from the district court’s judgment.

Standard of Review

We review the grant of relief under Rule 60(b) for an abuse of discretion. High v. Zant, 916 F.2d 1507, 1509 (11th Cir.1990). We review legal conclusions de novo and factual findings for clear error. Young v. New Process Steel, LP, 419 F.3d 1201, 1203 (11th Cir.2005); Reynolds v. McInnes, 338 F.3d 1221, 1226 (11th Cir.2003).

Discussion

Baker claims that the district court abused its discretion in several ways by granting American relief from the judgment in this case. But we see only two that deserve much attention. First, Baker contends that the district court ignored the law of the case and the mandate established by Baker I. Second, Baker asserts that the district court violated the FAA by modifying the arbitration award for a reason not authorized by that statute.

1. The Law of the Case Doctrine & the Mandate Rule

The law of the case doctrine and the mandate rule ban courts from revisiting matters decided expressly or by necessary implication in an earlier appeal of the [1271]*1271same case. Barber v. Int’l Bhd. of Boilermakers, Iron Ship Builders, Blacksmiths, Forgers, & Helpers, Disk Lodge No. 57, 841 F.2d 1067, 1070-73 (11th Cir.1988). But neither principle applies “when the issue in question was outside the scope of the prior appeal.” Transamerica Leasing, Inc. v. Inst. of London Underwriters, 430 F.3d 1326, 1332 (11th Cir.2005); see also Barber, 841 F.2d at 1070 (“The lower court may consider anew issues not within [the mandate’s] compass.”) (internal quotation marks omitted). Here, Baker claims that the district court violated both principles on remand. We disagree.

In Baker I, we spoke in pertinent part about the power of courts to correct an “evident material mistake” in an arbitration award. Baker I, 508 F.3d at 999-1001. We said that the FAA “embraces only an evident material mistake that appears in a description in the award,” and noted that a mistake occurs when an arbitrator understands “wrongly” or identifies “incorrectly.” Id. at 999. We, however, saw no “evident material mistake” in the award before us because American sought modification of the award to remedy its own

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579 F.3d 1268, 74 Fed. R. Serv. 3d 450, 2009 U.S. App. LEXIS 18639, 2009 WL 2498482, Counsel Stack Legal Research, https://law.counselstack.com/opinion/aig-baker-sterling-heights-llc-v-american-multi-cinema-inc-ca11-2009.