Ewart v. Y & A Group, Inc.

38 F.3d 380, 1994 U.S. App. LEXIS 29266, 1994 WL 575597
CourtCourt of Appeals for the Eighth Circuit
DecidedOctober 21, 1994
DocketNo. 93-3950
StatusPublished
Cited by3 cases

This text of 38 F.3d 380 (Ewart v. Y & A Group, Inc.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eighth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Ewart v. Y & A Group, Inc., 38 F.3d 380, 1994 U.S. App. LEXIS 29266, 1994 WL 575597 (8th Cir. 1994).

Opinions

WOLLMAN, Circuit Judge.

Neil A. Valk appeals the district court’s1 order preliminarily enjoining Valk’s arbitration action against Dean Witter Reynolds, Inc., et al. (Dean Witter). The court held that an earlier federal consent judgment is likely to have precluded Valk’s arbitration claim against Dean Witter. We affirm,

t

Valk, an investor in Y & A Group, Inc. stock, became plaintiff in a 1991 shareholder class action against Y & A which alleged that false financial and other public statements by Y & A inflated the value of the stock. As usual in such situations, the Ponzi scheme had come to light, the company mastermind absconded, and the stock tumbled.

In April 1993, the district court entered a final judgment incorporating a negotiated settlement of these fraud-on-the-market claims against Y & A. (Dean Witter was not a defendant in the case.) As will be seen, the scope of this consent judgment — and specifically whether Valk’s claims against Dean Witter were released thereby — lies at the heart of this appeal.

In 1992, Valk started an arbitration action against Dean Witter, alleging damages resulting from his purchase of Y & A stock through Dean Witter. (Y & A was not a party to the arbitration case.) While all the damages sought in the arbitration apparently stemmed from Y & A stock losses, Valk’s arbitration claims in no way concerned the fraud-on-the-market charges that were settled in the federal litigation between Y & A and the shareholders; rather, the claims went to bad acts by Dean Witter alone, which affected only Valk. For example, one of Valk’s claims against Dean Witter alleges that the broker forged his signature on a margin agreement well before the period covered by the class settlement.

In August 1993, the arbitration panel denied Dean Witter’s motion to dismiss the arbitration action as precluded by the class action judgment of April 1993.

Dean Witter did not wait for the arbitration to come to a final decision on the merits, moving instead to intervene in the district court class action and for a preliminary injunction against the arbitration. It is from [382]*382the order granting the preliminary injunction that Valk appeals.

II

Valk makes a superficially appealing argument that the district court did not have the power to enjoin the arbitration. Valk points out that under the Federal Arbitration Act (FAA), 9 U.S.C. §§ 1-16, there are only a few situations under which an arbitration may be subject to an interlocutory appeal in federal court. Those limited situations include corruption, fraud, or bias in the arbitration proceeding. 9 U.S.C. § 10. Thus, the usual rule is that under the FAA no appeal can be taken to the district court until a final decision is rendered. E.g. Cox v. Piper, Jaffray & Hopwood, Inc., 848 F.2d 842, 843-44 (8th Cir.1988). Here, Valk argues, the district court enjoined an ongoing arbitration, an act for which it had no authority under the FAA.

One problem with Valk’s argument is that it turns the purpose of the FAA on its head. That purpose is the “speedy disposition of disputes without the expense and delay of extended court proceedings.” Aerojet-General Corp. v. American Arbitration Ass’n, 478 F.2d 248, 251 (9th Cir.1973). It is this fear of needlessly prolonging disputes which has made courts reluctant to stay or enjoin ongoing arbitrations in favor of court proceedings. This concern is unwarranted here, however, for, in a twist, the court proceedings were completed first, resulting in a final judgment. See John Morrell & Co. v. Local Union 304A, 913 F.2d 544, 562 (8th Cir.1990) (citing to other instances where court proceedings concluded before arbitration did), cert. denied, 500 U.S. 905, 111 S.Ct. 1683, 114 L.Ed.2d 78 (1991). It is important to distinguish cases like this from more usual ones, in which arbitration is the quickest route to resolution. E.g., Peabody Coalsales Co. v. Tampa Electric Co., 36 F.3d 46 (8th Cir.1994); Merrill Lynch, Pierce, Fenner & Smith v. Hovey, 726 F.2d 1286 (8th Cir.1984). If Valk had his way, the litigation of his claims would be needlessly prolonged by arbitration.

A related hurdle that Valk cannot overcome is that even when arbitration is involved, federal “[cjourts should not have to stand by while parties re-assert claims that have already been resolved.” Kelly v. Merrill Lynch, Pierce, Fenner & Smith, 985 F.2d 1067, 1069 (11th Cir.), cert. denied, — U.S. —, 114 S.Ct. 600, 126 L.Ed.2d 565 (1993). No matter what, courts have the power to defend their judgments as res judicata, including the power to enjoin or stay subsequent arbitrations. Id.; Miller Brewing Co. v. Ft. Worth Distributing Co., 781 F.2d 494 (5th Cir.1986).

We conclude that the reasoning of Kelly and Miller Brewing is dispositive of the issue of the district court’s power. But we find further indirect support for that power. The Supreme Court has held that where 1) Congress intends a statute “to be judicially enforceable” and where 2) a court concludes “that arbitration could not provide an adequate substitute for judicial proceedings in adjudicating claims under” that statute, prior arbitration cannot block court actions. McDonald v. City of West Branch, Mich., 466 U.S. 284, 289, 104 S.Ct. 1799, 1802, 80 L.Ed.2d 302 (1984) (unappealed arbitration decision insufficient to preclude § 1983 action). See also Barrentine v. Arkansas-Best Freight System, Inc., 450 U.S. 728, 101 S.Ct. 1437, 67 L.Ed.2d 641 (1981) (voluntary submission of wage dispute to arbitration does not bar subsequent court adjudication); Alexander v. Gardner-Denver Co., 415 U.S. 36, 94 S.Ct. 1011, 39 L.Ed.2d 147 (1974) (submission of race discrimination claim to arbitration no bar to court adjudication).

If the civil rights statutes at issue in McDonald, Barrentine and Alexander are judicially enforceable, the All Writs Act, 28 U.S.C. § 1651, a statute granting broad in-junctive power to Article III judges in cases where jurisdiction exists, also qualifies. Much as the civil rights laws in the cited cases confer rights on certain citizens, the All Writs Act indirectly confers on injunction beneficiaries the right to judicial enforcement. Further, this case meets the second prong of the McDonald test, since no other forum provides an adequate substitute for a court’s action in protection of its own judgment. See John Morrell, 913 F.2d at 559-64; Kelly, 985 F.2d at 1069; Miller Brewing, 781 F.2d at 496, 501.

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38 F.3d 380, 1994 U.S. App. LEXIS 29266, 1994 WL 575597, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ewart-v-y-a-group-inc-ca8-1994.