Sixth Circuit Denies Coffee Beanery's Motion to Stay Mandate

ANN ARBOR, Mich. (Blue MauMau) – Today, the United States Court of Appeals for the Sixth Circuit issued an order denying The Coffee Beanery’s motion to stay mandate pending its Supreme Court petition. As reported last Friday on Blue MauMau, Karl V. Fink of Pear, Sperling Eggan & Daniels, attorney for the coffee franchisor, requested the court stay its mandate until May 10, 2009, which is 90 days after the February 9, 2009 Sixth Circuit Court order. Fink filed his motion on February 17, after his petition for rehearing and rehearing en banc in the case were denied.  The panel of judges ordered the parties back to court, not to arbitration.

The Sixth Circuit had ruled that the arbitration award in Coffee Beanery’s favor be vacated on the grounds of manifest disregard of the law.

Attorneys on both sides of the case did not wish to make a comment on today’s ruling.

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Related reading:

• Coffee Beanery Attempts to Stay Mandate Pending Supreme Court Petition
• Sixth Circuit Denies Coffee Beanery Petition for Rehearing
• Sixth Circuit Sends Coffee Beanery Franchisees to Court
• Coffee Beanery Franchisees Win on Appeal; Arbitration Decision Vacated