United States Ninth Circuit
Move, Inc. v. Citigroup Global Markets, Inc., 14-56650
In an action seeking to vacate an arbitration award by a Financial Industry Regulatory Authority (FINRA) panel, the District Court's denial of the motion to vacate the arbitration award pursuant to the Federal Arbitration Act and dismissal of the action are reversed in part where: 1) plaintiff's motion was not untimely because the Federal Arbitration Act is subject to equitable tolling; and 2) plaintiff's right to a fundamentally fair hearing was prejudiced by the fraudulent misrepresentations of the arbitration panel's chairperson, resulting in proceedings led by an arbitrator who should have been disqualified from the dispute under the rules and regulations of FINRA.
Appellate Information
- Published 2016/11/04
Judges
- NELSON
Court
- United States Ninth Circuit