By: Partner, James C. Cosby
O’Hagan Meyer partner James Cosby and associate Theo LaRose, both of the firm’s Richmond office, achieved the rare result of a dismissal of claims in arbitration, brought by a member of a professional organization against the organization, its officers and other members. The defense ruling defined the scope of a by-law provision that required the arbitration of certain claims regarding the organization’s business. The arbitration panel agreed with our position that such a provision did not apply to personal claims brought by the member. The panel further agreed with us by holding that the member’s claims were to be dismissed because the damages sought were generally unrecoverable in personal tort claims of the kind brought against the company.