Ludema Cruz Dorward v. Macy's Inc.

588 F. App'x 951
CourtCourt of Appeals for the Eleventh Circuit
DecidedOctober 21, 2014
Docket13-14783
StatusUnpublished
Cited by2 cases

This text of 588 F. App'x 951 (Ludema Cruz Dorward v. Macy's Inc.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eleventh Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Ludema Cruz Dorward v. Macy's Inc., 588 F. App'x 951 (11th Cir. 2014).

Opinion

PER CURIAM:

Ludema Cruz Dorward (a Filipino citizen), proceeding pro se, appeals the district court’s denial of her motion to vacate and/or modify an arbitration award that denied her claims under Title VII of the Civil Rights Act of 1964, ,42 U.S.C. § 2000 et seq. (“Title VII”), and related claims, against Macy’s, Inc. (“Macy’s”), her former employer. With a reasoned and full opinion, the district court determined that Dorward failed to establish any of the exelusive grounds for vacatur or modification in 9 U.S.C. §§ 10 and 11. We see no reversible error.

On appeal, Dorward recites all of the grounds for vacatur and modification in 9 U.S.C. §§ 10 and 11. She, however, argues only that the award was procured through corruption, fraud, or undue means, as the arbitrator allegedly refused to accept some of her evidence and witnesses: she says the arbitrator failed to address in the opinion and award all relevant evidence. In addition, Dorward maintains that the following errors occurred during the arbitration proceedings: Macy’s failed to provide her with Volume I of the arbitration hearing transcript; Macy’s should provide her with representation; Macy’s failed to make timely counterclaims; and the arbitrator extended by 30 days Macy’s time to file its answer (which Macy’s filed one day after the extended time). Dorward also lists as an issue in her brief that the district court erred in denying her motion to vacate and/or modify the arbitration award, as she had established a prima facie case of discrimination; she offers no arguments in support of this issue.

In reviewing a district court’s denial of a motion to vacate an arbitration award, we review the district court’s factual findings for clear error and its legal conclusions de novo. Frazier v. CitiFinandal Corp., LLC, 604 F.3d 1313, 1321 (11th Cir.2010).

Section 10(a) of the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (“FAA”), provides:

In any of the following cases the United States court in and for the district wherein [an arbitration award] was made may make an order vacating the award upon the application of any party to the arbitration—
(1) where the award was procured by corruption, fraud, or undue means;
(2) where there was evident partiality or corruption in the arbitrators, or either of them;
(3) where the arbitrators were guilty of misconduct in refusing to postpone the hearing, upon sufficient cause shown, or in refusing to hear evi *953 dence pertinent and material to the controversy; or of any other misbehavior by which the rights of any party have been prejudiced; or
(4) where the arbitrators exceeded their powers, or so imperfectly executed • them that a mutual, final, and definite award upon the subject matter submitted was not made.

9 U.S.C. § 10(a).

Section 11 of the FAA provides:

In either of the following cases the United States court in and for the district wherein the award was made may make an order modifying or correcting the award upon the application of any party to the arbitration—
(a) Where there was an evident material miscalculation of figures or an evident material mistake in the description of any person, thing, or property referred to in the award.
(b) Where the arbitrators have awarded upon a matter not submitted to them, unless it is a matter not affecting the merits of the decision upon the matter submitted.
(c) Where the award is imperfect in matter of form not affecting the merits of the controversy.
The order may modify and correct the award, so as to effect the intent thereof and promote justice between the parties.

9 U.S.C. § 11.

In Hall Street Associates, L.L.C., v. Mattel, Inc., the Supreme Court said that § § 10 and 11 provide the FAA’s exclusive grounds for vacatur and modification of arbitration awards. 552 U.S. 576, 583, 128 S.Ct. 1396, 1403, 170 L.Ed.2d 254 (2008). Applying Hall Street, we have concluded that the judicially-created, arbitrary and capricious ground for vacatur of arbitration awards is no longer valid. See Frazier, 604 F.3d at 1322-24.

We have said that the district court’s review under §§ 10 and 11 is limited: “arbitrators do not act as junior varsity trial courts where subsequent appellate review is readily available to the losing party.” Cat Charter, LLC, v. Schurtenberger, 646 F.3d 836, 842-43 (11th Cir.2011) (quotation omitted). We have explained that “[tjhere is a presumption under the FAA that arbitration awards will be confirmed, and federal courts should defer to an arbitrator’s decision whenever possible.” Frazier, 604 F.3d at 1321 (quotation omitted). As such, “a court’s confirmation of an arbitration award is usually routine or summary.” Cat Charter, 646 F.3d at 842.

In reviewing claims for vacatur of an arbitration award on grounds of fraud, we have applied a three-part test. See Bonar v. Dean Witter Reynolds, Inc., 835 F.2d 1378, 1383 (11th Cir.1988). “First, the movant must establish the fraud by clear and convincing evidence.” Id. “Second, the fraud must not have been discoverable upon the exercise of due diligence prior to or during the arbitration.” Id. Third, the fraud must be “materially related to an issue in the arbitration.” Id.

We have stressed that “the basic policy behind arbitration ... is to permit parties to resolve their disputes in an expeditious manner without all the formalities and procedures [of] full fledged litigation.” Scott v. Prudential Sec., Inc., 141 F.3d 1007, 1016 (11th Cir.1998) overruled on other grounds by Hall Street Assocs., LLC,

Related

Cite This Page — Counsel Stack

Bluebook (online)
588 F. App'x 951, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ludema-cruz-dorward-v-macys-inc-ca11-2014.