Nahas

Nahas v. Wedbush Morgan Securities

Good Law
73 F. App'x 925
United States Court of Appeals for the Ninth CircuitAugust 18, 2003No. 02-17537; D.C. No. CV-02-00545-ACK/BMKCalifornia337 words

Opinion

Lead Opinion

MEMORANDUM **

Roy N. Nahas appeals pro se the district court’s judgment denying his motion to *926 vacate an arbitration award pursuant to 9 U.S.C. § 10 . We have jurisdiction pursuant to 28 U.S.C. § 1291 . We review questions of law de novo, First Options of Chicago, Inc. v. Kaplan, 514 U.S. 938, 947-49 , 115 S.Ct. 1920 , 131 L.Ed.2d 985 (1995), and we affirm.

The district court properly rejected Na-has’ claim that the arbitrators manifestly disregarded the governing law of fiduciary duty; he failed to provide any persuasive evidence that the arbitrators refused to apply or ignored the applicable law. See DiRussa v. Dean Witter Reynolds Inc., 121 F.3d 818, 821-22 (2d Cir.1997).

The district court properly concluded that Nahas’ claim of “evident partiality” of the arbitrators lacked merit because the arbitrators timely made the requisite disclosures and Nahas’ counsel did not object. See Apusento Garden (Guam) Inc. v. Superior Court of Guam, 94 F.3d 1346, 1352 (9th Cir.1996).

That the arbitrators accepted into evidence Nahas’ medical records and defense counsel’s summary of this evidence, and permitted questioning on cross-examination regarding Nahas’ medication did not…

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