Malek Media Group LLC v. AXQG Corp.
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The Court of Appeal affirmed a judgment confirming an arbitration award in favor of AXQG. The court denied MMG's requests for judicial notice, found MMG's arguments to be meritless, and concluded that the appeal was frivolous.
The court concluded that MMG cannot credibly argue that the arbitrator was required to disclose his affiliation with GLAAD because MMG's principal chose to testify about his Catholic faith when that information was irrelevant to the present dispute over his managerial misconduct. The court also concluded that the arbitrator did not fail to hear evidence material to the final award. In this case, there is no basis in the record for MMG's contention that the arbitrator refused to hear testimony from one of its witnesses; MMG's claim that the arbitrator cut off its counsel's cross-examination of a prospective employee fails for lack of support and, in any event, the testimony was immaterial; and the arbitrator did not fail to hear evidence on the authenticity of an exhibit consisting of a chain of emails. Finally, the court concluded that MMG's appeal is objectively and subjectively frivolous, imposing sanctions on MMG and its counsel.
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