Knight

Knight v. Lynch

Good Law
350 F. App'x 119
United States Court of Appeals for the Ninth CircuitOctober 21, 2009No. 08-16024California617 words

Opinion

Lead Opinion

MEMORANDUM **

Robert J. Knight appeals the district court’s order denying his motion to vacate an arbitration decision issued by a panel appointed by the National Association of Securities Dealers (“NASD”). The panel dismissed Knight’s claims for breach of an implied contract and other causes of action arising from the termination of his employment with Merrill Lynch, Pierce, Fenner & Smith Incorporated (“Merrill Lynch”). We must determine whether the arbitration panel exceeded its authority or manifestly disregarded the law when it issued its decision in favor of Merrill Lynch. See 9 U.S.C. § 10 (a); Kyocera Corp. v. Prudential-Bache Trade Servs., Inc., 341 F.3d 987 , 997-98 (9th Cir.2003) (en bane). We see no such error and, accordingly, we affirm.

Knight contends that the arbitration panel exceeded its authority by not holding an adequate hearing on his claims pursuant to the NASD Code of Arbitration Procedure and the parties’ arbitration agreement. After Merrill Lynch moved to dismiss Knight’s claims as untimely under the applicable statutes of limitations under California law, the panel held two telephonic conferences. Knight points to the fact that the two hearings held by…

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