CSX TRANSPORTATION INC V ATCHISON TOPEKA SANTA FE
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STATE OF MICHIGAN
COURT OF APPEALS
CSX TRANSPORTATION, INC.,
UNPUBLISHED
April 7, 2000
Plaintiff-Appellant/Cross-Appellee,
v
THE ATCHISON, TOPEKA AND SANTA FE
RAILWAY CO.,
No. 216522
Saginaw Circuit Court
LC No. 98-022736-CZ
Defendant-Appellee/Cross-Appellant.
Before: Smolenski, P.J., and Markey and O’Connell, JJ.
SMOLENSKI, P.J. (concurring).
I concur in the result reached by the majority. However, I write separately to state my view that
the trial court had the inherent power to sanction plaintiff for interfering with the arbitration process. I
disagree with the majority’s characterization of plaintiff’s communication with the arbitrator as merely
“improper.” Plaintiff’s misconduct affected the integrity of the arbitration process that determined the
award. Plaintiff’s misconduct also affected the integrity of the judicial system because the trial court
confirmed the tainted award. Under these facts, I conclude that the trial court had the inherent power to
impose sanctions against plaintiff to protect the integrity of the court and the judicial system.
Nonetheless, I agree with the result reached by the majority because I cannot conclude that the trial
court’s decision not to impose sanctions constituted a clear abuse of discretion.
/s/ Michael R. Smolenski
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