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HART SURGICAL, INC. v. ULTRACISION, INC.

No. 00-1596.

244 F.3d 231 (2001)

HART SURGICAL, INC., Plaintiff/Respondent-Appellee, v. ULTRACISION, INC., and Ethicon Endo-Surgery, Inc., Defendants/Petitioners-Appellants.

United States Court of Appeals, First Circuit.

Decided April 5, 2001.

Attorney(s) appearing for the Case

Margaret M. Zwisler, with whom Richard A. Ripley, Kathryn R. Colburn, Howrey Simon Arnold & White, LLP, Raymond A. Marcaccio and Blish & Cavanagh, LLP, were on brief, for appellants.

Michael J. Tuteur, with whom Epstein Becker & Green, P.C., was on brief, for appellee.

Before TORRUELLA, Chief Judge, BOUDIN and LIPEZ, Circuit Judges.

TORRUELLA, Chief Judge.

The issue presented in this appeal is whether, in an arbitration case that is bifurcated into liability and damages phases, the arbitration panel's award with respect to liability is a final award under the Federal Arbitration Act ("FAA"), 9 U.S.C. § 1 et seq., that is subject to review by the courts. The district court correctly noted that this question is yet undecided in this Circuit and, using the Second Circuit's jurisprudence...

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