United States Ninth Circuit

In a suit by a California state agency seeking review of an arbitration award that made it liable to a blind vendor for failing to sue the federal General Services Administration (GSA) to vindicate the rights of the vendor to conduct business on federal property, the district court's judgment affirming the award is reversed, where: 1) the arbitration panel committed a legal error when it interpreted the Randolph-Sheppard Vending Stand Act as requiring the state agency to bring an action against GSA, and that the agency's failure to do so made it liable for compensatory damages; and 2) because the arbitration panel's ruling was not in accordance with law, it had to be set aside under the Administrative Procedure Act.

Appellate Information

• Decided 02/03/2012
• Published 02/03/2012

Judges

• Ikuta

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Ismael A. Castro, Jeffrica J. Lee