United States Third Circuit

Denial of plaintiff's motion to vacate the arbitrator's decision that rejected his discrimination claim, is affirmed, where: 1) the administrative closing of the case is not a final order and did not deprive the district court of jurisdiction; 2) plaintiff's claim fails because no reasonable person would conclude that the arbitrator was partial to defendant because neither her teaching relationship with defendant's employee nor undisclosed election support establish evident partiality or an appearance of bias, particularly where the law firm representing plaintiff contributed to the arbitrator's campaign five times the amount that defendant did; and 3) plaintiff's fraud claim fails.

Appellate Information

• Decided 03/06/2013
• Published 03/06/2013

Judges

• SMITH

Court

• United States Third Circuit

Counsel