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McCORMICK v. AMERICA ONLINE, INC.

No. 17-1542.

909 F.3d 677 (2018)

Alethia Lee McCORMICK, Administrator for the Estate of Alvin Moore, Plaintiff-Appellant, v. AMERICA ONLINE, INC., Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided: November 29, 2018.

Attorney(s) appearing for the Case

ARGUED: Stephen J. van Stempvoort , MILLER JOHNSON , Grand Rapids, Michigan, for Appellant. Michael W. Stark , McGUIREWOODS LLP, Richmond, Virginia, for Appellee. ON BRIEF: Tennille J. Checkovich , McGUIREWOODS LLP, Richmond, Virginia, for Appellee.

Vacated and remanded by published opinion. Judge Niemeyer wrote the opinion, in which Judge King and Judge Wynn joined.

This case presents the question of how subject-matter jurisdiction over a motion to vacate or modify an arbitration award under § 10 or § 11 of the Federal Arbitration Act ("FAA"), 9 U.S.C. §§ 10, 11, is to be determined. The Federal Arbitration Act, which provides for the enforceability of arbitration...

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