Steve Garrett v. Merrill Lynch, Pierce, Fenner & Smith, Inc. Charles Partain Gordon Williams

Steve Garrett appeals the district court’s dismissal of his petition to vacate an arbitration award entered in favor of Garrett’s employer, Merrill Lynch, Pierce, Fenner & Smith, Inc. Because the district court correctly determined that it had no subject-matter jurisdiction over Garrett’s petition, we affirm.

I.

On July 9, 1991, Garrett filed a statement of claim against Merrill Lynch with the director of arbitration for the National Association of Securities Dealers. Garrett alleged that Merrill Lynch had terminated him for reporting to management the illegal “churning” activities of another Merrill Lynch employee.

A three-person panel heard Garrett’s arguments and dismissed his claim. Garrett filed a petition in the district court to vacate the arbitration award pursuant to § 10 of the Federal Arbitration Act (the “Act”), 9 U.S.C. §§ 1-16 (1988 & Supp.1990), on the ground that the arbitrators were biased. The district court determined that the Act does not confer independent federal-question jurisdiction and dismissed the petition. We review de novo the district court’s resolution of this legal question. E.g., Reebok Ilnt’l v. Marnatech Enters., 970 F.2d 552 , 554 (9th…