McCARTHY v. CITIGROUP GLOBAL MARKETS INC.

No. 06-1001.

463 F.3d 87 (2006)

James W. McCARTHY, Plaintiff, Appellee, v. CITIGROUP GLOBAL MARKETS INC., Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided September 19, 2006.


Attorney(s) appearing for the Case

John R. Skelton, with whom John F. Adkins, Carol E. Head, and Bingham McCutchen LLP, were on brief, for appellant.

Stacey P. Nakasian, with whom William A. Jacobson, Shanna L. Pitts, and the Law Offices of William A. Jacobson, Inc., were on brief, for appellee.

Before LIPEZ and HOWARD, Circuit Judges, and GORTON, U.S. District Judge.


LIPEZ, Circuit Judge.

In this appeal, we must review the district court's decision to vacate an arbitration award and remand on the ground that the award was in manifest disregard of the law. In an unusual circumstance, this is the second time in this case that the district court has vacated an arbitration award in favor of the appellee and remanded on that ground.

The award of the arbitration panel was not in manifest disregard of the law. Instead, the district...

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