Steven Wierzba v. Etrade Financial LLC

Good Law
471 F. App'x 709
United States Court of Appeals for the Ninth CircuitMarch 13, 201210-16032California272 words

Opinion

Opinion

MEMORANDUM

Steven Wierzba appeals pro se from the district court’s judgment denying his motion to vacate an arbitration award entered against him and granting E*Trade Financial LLC’s motion to confirm the award. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo the district court’s denial of a motion to vacate an arbitration award. Collins v. D.R. Horton, Inc., 505 F.3d 874, 879 (9th Cir.2007). We affirm.

The district court properly denied Wierzba’s motion to vacate the arbitration award after concluding that Wierzba’s allegations of arbitrator incompetence, and his disagreements with the arbitration process and result, failed to demonstrate any of the statutory grounds for vacating the award. See 9 U.S.C. § 10 ; Kyocera Corp. v. Prudential-Bache Trade Servs., Inc., 341 F.3d 987 , 997-98 (9th Cir.2003) (en banc) (“[T]he Federal Arbitration Act allows a federal court ... to vacate an award that evidences affirmative misconduct in the arbitral process or the final result or that is completely irrational or exhibits a manifest disregard for the law.”); see also 9 U.S.C. § 9 (a court must confirm the arbitration award unless it is “vacated, modified, or…

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