Mitchell v. Ainbinder

214 F. App'x 565
CourtCourt of Appeals for the Sixth Circuit
DecidedJanuary 24, 2007
Docket05-1497
StatusUnpublished
Cited by5 cases

This text of 214 F. App'x 565 (Mitchell v. Ainbinder) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Mitchell v. Ainbinder, 214 F. App'x 565 (6th Cir. 2007).

Opinion

*566 SHARP, District Judge.

James D. Mitchell and John W. Mitchell (collectively, “Mitchell”) appeal from a district court decision upholding an arbitration award in favor of Robert Edward Ainbinder and Cantone Research, Inc. For the reasons set forth below, we affirm the judgment of the district court.

I.

James Mitchell and his father, John Mitchell, opened three accounts with Can-tone Research, Inc., a brokerage firm in New Jersey. One account was held by James Mitchell, another was held jointly by James and his father, and another was held by the Special Needs Trust for John W. Mitchell, Jr. Robert Ainbinder, one of Cantone Research’s brokers, was listed as the account executive on all three accounts from January through July of 1998.

In July 1998, Ainbinder left Cantone Research to join Sharpe Capital. Mitchell transferred his individual account to Sharpe Capital at that time, but kept the joint and trust accounts at Cantone Research. Mitchell incurred losses on all three accounts.

On January 2, 2001, Mitchell filed a Claim for Arbitration with NASD Dispute Resolution, Inc. against Ainbinder and Cantone Research. The statement of claim alleged that Ainbinder and Cantone Research violated federal and state securities laws with respect to Mitchell’s investments at Cantone Research and Sharpe Capital. The statement of claim also brought common law claims of unsuitability, churning, unauthorized trading, fraud, and breach of fiduciary duty. The three-member panel of arbitrators, approved by the parties, conducted nine days of hearings between June 10, 2003, and April 7, 2004. On May 3, 2004, the arbitrators denied Mitchell’s claims.

On July 2, 2004, Mitchell filed a petition in the district court to vacate the arbitration award. On March 10, 2005, the district court denied the petition to vacate and entered judgment on the arbitration award. This appeal followed.

II.

As a threshold matter, we briefly address Cantone Research’s contention that we lack jurisdiction to hear this case because the amount in controversy requirement has not been satisfied. Diversity jurisdiction exists only “where the matter in controversy exceeds the sum or value of $75,000, exclusive of interests and costs.” 28 U.S.C. § 1332; see Everett v. Verizon Wireless, Inc., 460 F.3d 818, 822 (6th Cir.2006). This Court has stated that district courts “should consider the amount alleged in a complaint and should not dismiss a complaint for lack of subject matter jurisdiction unless it appears to a legal certainty that the plaintiff in good faith cannot claim the jurisdictional amount.” Massachusetts Cas. Ins. Co. v. Harmon, 88 F.3d 415, 416 (6th Cir.1996). Where, as here, the petitioner seeks to reopen the arbitration, the amount in controversy “includes the matter at stake in the arbitration.” See Sirotzky v. New York Stock Exchange, 347 F.3d 985, 989 (7th Cir.2003) (citations omitted); see also Ford v. Hamilton Investments, Inc., 29 F.3d 255, 260 (6th Cir.1994). Even a cursory review of the statement of claim reveals that well over $75,000 was at stake in the arbitration. Mitchell’s total claim, which included punitive damages, totaled more than $770,000, exclusive of costs and attorney fees. See Klepper v. First Am. Bank, 916 F.2d 337, 341 (6th Cir.1990) (request for *567 punitive damages may satisfy the amount-in-controversy requirement). There being nothing to suggest that that claim was made in bad faith, we reach the merits of this case.

Our role in reviewing arbitration decisions is limited, and we apply “one of the narrowest standards of judicial review in all of American jurisprudence.” Tenn. Valley Auth. v. Tenn. Valley Trades & Labor Council, 184 F.3d 510, 515 (6th Cir. 1999) (internal quotation marks omitted). So long as “an arbitrator is even arguably construing or applying the contract and acting within the scope of his authority, the fact that a court is convinced he committed serious error does not suffice to overturn his decision.” Major League Baseball Players Ass’n v. Garvey, 532 U.S. 504, 509, 121 S.Ct. 1724, 149 L.Ed.2d 740 (2001) (internal quotation marks omitted). A court may vacate an arbitration award: (1) where the award was procured by fraud; (2) where the arbitrators were evidently partial or corrupt; (3) where misconduct of the arbitrators prejudiced the rights of the parties; or (4) where the arbitrators exceeded their powers. 9 U.S.C. § 10(a). A reviewing court may also vacate an award where the arbitrators have manifestly disregarded the law. Dawahare v. Spencer, 210 F.3d 666, 669 (6th Cir.2000) (citing Glennon v. Dean Witter Reynolds, Inc., 83 F.3d 132, 135 (6th Cir. 1996)). When reviewing a district court’s denial of a motion to vacate an arbitration decision, we consider questions of law de novo, and we accept the court’s findings of fact, unless clearly erroneous. Nationwide Mut. Ins. Co. v. Home Ins. Co., 278 F.3d 621, 625 (6th Cir.2002).

Mitchell argues that the arbitration panel manifestly disregarded the law in its decision. Specifically, Mitchell argues that the panel acted with manifest disregard for the law in denying their suitability, churning, and breach of fiduciary duty claims. We disagree.

“An arbitration panel acts with manifest disregard if ‘(1) the applicable legal principle is clearly defined and not subject to reasonable debate; and (2) the arbitrators refused to heed that legal principle.’ ” Dawahare, 210 F.3d at 669 (quoting Merrill Lynch, Pierce, Fenner & Smith, Inc. v. Jaros, 70 F.3d 418, 421 (6th Cir.1995)). Proof that the panel “disregarded” the law or “refused to heed” the law implicitly requires proof that the arbitrators “have consciously chosen not to apply” the relevant law. See Dawahare, 210 F.3d at 669 (citing M & C Corp. v.

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Bluebook (online)
214 F. App'x 565, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mitchell-v-ainbinder-ca6-2007.