9th Circ. Withdraws Decision On Incense Co.'s Arbitration Bid

Law360 (June 7, 2021, 7:48 PM EDT) -- The Ninth Circuit has withdrawn its January decision denying an Indian businessman's attempt to arbitrate a family dispute over incense trademarks, after his brother argued that the decision created confusion in matters requiring an interpretation of arbitration rights.

A three-judge panel announced that it had taken the unusual step Friday, adding that the circuit court would issue a new opinion "in due course." The panel did not explain its reasoning.

In its January decision, the same panel of judges concluded that an Indian incense manufacturer founded by Nagraj Setty could not force his brother Balkrishna Setty and his company, Shrinivas Sugandhalaya (BNG)...

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