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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.