2nd Cir. Upholds Dismissal of Petition to Vacate Award, Says Email Not Proper Service

NEW YORK — A federal appeals court has upheld dismissal of a petition to vacate an arbitration award, ruling that the plaintiff’s emailing of the petition to the opposing party’s counsel did not constitute proper service as required by Federal Rule of Procedure 5.

In a Jan. 19 summary order, the 2nd Circuit U.S. Court of Appeals explained that service is proper only where an adversary consents “in writing.”

Sean Martin petitioned the U.S. District Court for the Southern District of New York to vacate an arbitration award denying retaliation claims that he asserted against his former employer, Deutsche …