No. 19-1333

Monster Energy Company, fka Hansen Beverage Company v. City Beverages LLC, dba Olympic Eagle Distributing

Lower Court: Ninth Circuit
Docketed: 2020-06-02
Status: Denied
Type: Paid
Amici (1)Response Waived Experienced Counsel
Tags: arbitration arbitration-award arbitration-awards bias circuit-split commonwealth-coatings disclosure disclosure-requirements disclosure-rule evident-partiality federal-arbitration-act judicial-standard standard standard-of-review
Latest Conference: 2020-06-25
Question Presented (from Petition)

1. What is the standard for determining whether
an arbitration award must be vacated for "evident partiality" under the Federal Arbitration Act, 9 U.S.C. § 10(a)(2)?

2. Under the correct "evident partiality" standard,
must an arbitration award be vacated when the arbitrator does not disclose that (i) he has a de minimis "ownership interest" in his arbitration firm and (ii) that firm has
conducted a "nontrivial" number of arbitrations with one
of the parties?

Question Presented (AI Summary)

What is the standard for determining 'evident partiality' under the Federal Arbitration Act?

Docket Entries

2020-06-29
Petition DENIED.
2020-06-15
Brief amicus curiae of JAMS, Inc. filed. (Distributed)
2020-06-09
DISTRIBUTED for Conference of 6/25/2020.
2020-06-08
Waiver of right of respondent City Beverages LLC, dba Olympic Eagle Distributing to respond filed.
2020-05-28
Petition for a writ of certiorari filed. (Response due July 2, 2020)
2020-03-13
Application (19A1014) to extend the time to file a petition for a writ of certiorari from March 29, 2020 to May 28, 2020, submitted to Justice Kagan.
2020-03-13
Application (19A1014) granted by Justice Kagan extending the time to file until May 28, 2020.

Attorneys

City Beverages LLC, dba Olympic Eagle Distributing
Michael K. VaskaFoster Garvey PC, Respondent
JAMS, Inc.
Kelly A. WoodruffCalifornia Appellate Law Group LLP, Amicus
Monster Energy Company
Joseph Russell PalmoreMorrison & Foerster LLP, Petitioner