No. 25-88

Delco LLC, dba Delco Products v. Leviathan Group LLC

Lower Court: Sixth Circuit
Docketed: 2025-07-23
Status: Denied
Type: Paid
Tags: arbitration-award attorney-fees circuit-court-review contract-breach contract-deliverables michigan-law
Key Terms:
Arbitration DueProcess Patent JusticiabilityDoctri
Latest Conference: 2026-01-09
Question Presented (AI Summary)

Whether the Sixth Circuit erred by not remanding to the District Court to order Leviathan to provide outstanding contract deliverables and invalidate attorney fees awards

Question Presented (OCR Extract)

Petitioner, Delco LLC (“Delco”) , entered into a contract with Respondent Leviathan LLC (“Leviathan”) and both parties alleged that the other breached the contract. The parties engaged in arbitration before a single arbitrator in Michigan . The arbitrator issued a Partial Final Award and a Final Award. The District Court , for the Eastern District of Michigan (“District Court”) , the confirmed the Final Award , but disregarded the Partial Final Award . The arbitration Partial Final Award provided that Delco receive any outstanding deliverables. By entering the Final Order and disregarding the Partial Final Award, Delco walked away from the arbitration with nothing, while the Defendant received its benefit of the bargain. The questions presented are: 1. Whether the Circuit Court of Appeals for the Sixth Circuit (“Sixth Circuit ”) erred by not remanding to the District Court to order Leviathan to provide all outstanding contract deliverables to Delco ; and 2. Whether the Sixth Circuit erred by not remanding to the District Court to order the invalidat ion of the award of attorney fees, given that the motion for fees and costs did not comport with Michigan law .

Docket Entries

2026-01-12
Petition DENIED.
2025-12-03
DISTRIBUTED for Conference of 1/9/2026.
2025-11-19
Brief of respondent Leviathan Group LLC in opposition filed.
2025-08-20
Motion to extend the time to file a response is granted and the time is extended to and including November 20, 2025. (90-day extension)
2025-08-11
Motion to extend the time to file a response from August 22, 2025 to November 20, 2025, submitted to The Clerk.
2025-07-21
Petition for a writ of certiorari filed. (Response due August 22, 2025)
2025-05-29
Application (24A1161) granted by Justice Kavanaugh extending the time to file until July 19, 2025.
2025-05-23
Application (24A1161) to extend the time to file a petition for a writ of certiorari from June 19, 2025 to July 19, 2025, submitted to Justice Kavanaugh.

Attorneys

Delco LLC
Martin Scott HighMartin S. High, P.C., Petitioner
Martin Scott HighMartin S. High, P.C., Petitioner
Leviathan Group LLC
Kulwant S. BooraThe Boora Law Group PLC, Respondent
Kulwant S. BooraThe Boora Law Group PLC, Respondent