BROOM v. MORGAN STANLEY DW INC.

No. 82311-1.

236 P.3d 182 (2010)

Michael BROOM; Kevin Broom; and Andrea Broom, Respondents, v. MORGAN STANLEY DW INC. and Kimberly Anne Blindheim, Petitioners.

Supreme Court of Washington, En Banc.

Decided July 22, 2010.


Attorney(s) appearing for the Case

Michael T. Garone, Thomas Vincent Dulcich, Schwabe Williamson & Wyatt PC, Portland, OR, Stephanie Pennix Bernsten, Schwabe Williamson & Wyatt PC, Seattle, WA, for petitioners.

Kevin Patrick Sullivan, Michael T. Schein, Sullivan & Thoreson, Seattle, WA, for respondents.

Lawrence H. Vance, Jr., Winston & Cashatt, Spokane, WA, amicus counsel for Associated General Contractors of Washington.

Carl Jerome Carlson, Carlson & Dennett PS, Seattle, WA, Joseph Long, Norman, OK, amicus counsel for Public Investors Arbitration Bar Association.

David Michael Paltzik, Greenberg Traurig LLP, Phoenix, AZ, Ira Hammerman, Kevin Carroll, Washington, DC, Bradford Kaufman, Jason Fredo, Greenberg Traurig, West Palm Beach, FL, amicus counsel for The Securities Industry and Financial Markets Association.

George M. Ahrend, Ahrend Law Firm PLLC, Moses Lake, WA, Bryan Patrick Harnetiaux, Spokane, WA, amicus counsel for Washington State Association for Justice Foundation.


C. JOHNSON, J.

¶ 1 This case asks us to interpret former RCW 7.04.160 (1943),1 which lists the grounds for vacating arbitration awards arising from private arbitration proceedings. We must decide whether legal error on the face of the award is a valid basis for vacating an award. If so, then we must determine whether the arbitrators' application of state statutes of limitations, thus barring most of the respondents' claims, constitutes...

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