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172405P.pdf 07/02/2018 Ann Eleanor Ploetz v. Morgan Stanley Smith Barney
U.S. Court of Appeals Case No: 17-2405
U.S. District Court for the District of Minnesota - Minneapolis
[PUBLISHED] [Arnold, Author, with Wollman and Stras, Circuit Judges]
Civil case - Arbitration. Plaintiff does not warrant relief under any of
the court's evident-partiality standards since she does not explain how an
arbitrator's undisclosed mediation in a prior case involving one of the
defendants creates even an impression of possible bias; the arbitrator
disclosed the ten other cases he arbitrated involving the defendants and
his undisclosed mediation of a single additional case was at most a
trivial and inconsequential addition to the history of that relationship;
mere fact that non-disclosure of the past service violated FINRA rules
governing arbitration did not provide the district court with any basis to
conclude he was evidently partial; arbitrator misbehavior that results
only in the violation of a party's rights under FINRA rules is not
significant enough to merit relief under 9 U.S.C. Sec. 10(a)(3) unless the
party is deprived of a fair hearing; here, plaintiff stated at oral
argument that there were no irregularities in the arbitral hearings.