Halliburton did so during briefing, Levy said, by disputing court jurisdiction over Gary Waetzig’s objection to an arbitration award — an issue where Halliburton might have stronger odds of success.
“[Halliburton] mostly avoids these points” about Rules 41 and 60, Levy said. “It leads by asking the court to affirm on the new theory that the district court lacked jurisdiction to vacate an arbitration award after reopening the case. This objection is not covered by the question presented.”
Levy reiterated that point a few minutes later after Chief Justice John Roberts asked if Waetzig — who lost in a 2-1 decision at the Tenth Circuit — is now trying to “collaterally attack the arbitration award” in an end-run around jurisdictional barriers.
Levy acknowledged that Waetzig is assailing the award favoring Halliburton. But he stressed that distinct legal issues apply to the reopening of Waetzig’s case — which was mistakenly dismissed rather than being stayed and needs Rule 60 relief because limitation periods have expired — and Waetzig’s assertions that an arbitrator flouted procedural requirements.
