James W. McCarthy v. Citigroup Global Markets Inc.
Court of Appeals for the First Circuit
1Opinion of the Court
LIPEZ, Circuit Judge.
In this appeal, we must review the district court’s decision to vacate an arbitration award and remand on the ground that the award was in manifest disregard of the law. In an unusual circumstance, this is the second time in this case that the district court has vacated an arbitration award in favor of the appellee and remanded on that ground.
The award of the arbitration panel was not in manifest disregard of the law. Instead, the district court engaged in an analysis of the merits of the arbitration panel’s award and found legal error. Such an analysis is proscribed by…
2Cases cited10 opinions
- United Paperworkers International Union v. Misco, Inc.Supreme Court of the United States · 1987
- O.R. Securities, Inc. v. Professional Planning Associates, Inc.Court of Appeals for the Eleventh Circuit · 1988
- Advest, Inc. v. Patrick McCarthyCourt of Appeals for the First Circuit · 1990
- Bull HN Information Systems, Inc. v. HutsonCourt of Appeals for the First Circuit · 2000
- Montes v. Shearson Lehman BrothersCourt of Appeals for the Eleventh Circuit · 1997
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3Cited by45 opinions
- Hall Street Associates, L. L. C. v. Mattel, Inc.Supreme Court of the United States · 2008
- Citigroup Global Markets, Inc. v. BaconCourt of Appeals for the Fifth Circuit · 2009
- Cable Connection, Inc. v. DirecTV, Inc.California Supreme Court · 2008
- Ortiz-Espinosa v. BBVA Securities of Puerto Rico, Inc.Court of Appeals for the First Circuit · 2017
- International Trading and Industrial Investment Company v. Dyncorp Aerospace TechnologyDistrict Court, District of Columbia · 2011
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