Cooper v. WestEnd Capital Mgmt, LLC

Plaintiff appealed the district court's orders refusing to enjoin arbitration and confirming an award in favor of the WestEnd Parties. The court concluded that it has jurisdiction to review the Injunction Order; the WestEnd Parties did not substantially invoke the judicial process and thus have not waived arbitration; and the district court did not err in refusing to enjoin arbitration based on res judicata where the temporary restraining order (TRO) suit and the arbitration claims do not arise from the same transaction. The court applied the vacatur standards of the Federal Arbitration Act (FAA), 9 U.S.C. 10(a)(2), and concluded that plaintiff points to no specific facts that lead to the conclusion that the Arbitrator was biased in the WestEnd Parties’ favor, and the Arbitrator did not exceed his powers in making the award. Accordingly, the court affirmed the judgment. View "Cooper v. WestEnd Capital Mgmt, LLC" on Justia Law