Morgan Keegan & Co., Inc. v. Horace Grant

MEMORANDUM

Petitioner Morgan Keegan appeals from the district court’s denial of its motion to vacate an arbitration award. Respondent Horace Grant won a $1.45 million arbitration award against Morgan Keegan, his former broker, for losses Grant suffered in Morgan Keegan investments. Morgan Keegan sought to vacate the award in the district court, arguing that (1) Arbitrator Schwartz failed to disclose facts that would create an impression of bias; (2) the arbitrators prejudged the outcome of the case and denied Morgan Keegan a fundamentally fair hearing; and (3) the arbitrators exceeded their powers in setting the size of the award. The district court denied the motion and confirmed the award. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

The district court’s “decision to vacate or confirm an arbitration award” is reviewed de novo. New Regency Prods., Inc. v. Nippon Herald Films, Inc., 501 F.3d 1101, 1105 (9th Cir.2007) (citations and quotations omitted). Its findings of fact are reviewed for clear error. Id.

First, Morgan Keegan has not demonstrated Arbitrator Schwartz’s “evident partiality” under the Federal Arbitration Act, 9 U.S.C. § 10 (a)(2), because it has…