No. 20-1615

Colin Masseau, et ux. v. Guy Henning, et al.

Lower Court: Vermont
Docketed: 2021-05-19
Status: Denied
Type: Paid
Response Waived
Tags: 9-usc-10(a)(3)&(4) arbitration-review contract-of-adhesion due-process federal-arbitration-act interstate-commerce intrastate-commerce manifest-disregard manifest-disregard-of-law motion-to-dismiss notice-pleading
Key Terms:
Arbitration Securities Patent Privacy
Latest Conference: 2021-09-27
Question Presented (AI Summary)

Does a court have the right to review an arbitrator's decision for manifest disregard of the law?

Question Presented (OCR Extract)

QUESTIONS PRESENTED Colin and Emily Masseau were a young couple looking to purchasing their first home and hired a local Vermont licensed home inspector to inspect that home. During the inspection he failed to point out patent and obvious signs of potential asbestos in the stucco ceiling as required by Vermont law. The Masseaus sued the inspector and the state court held the Federal Arbitration Act applied even though the transaction took place entirely in Vermont and was not in interstate commerce and did not substantially impact interstate commerce. At arbitration the Arbitrator decided the case on a motion to dismiss that was previously filed by the Defendant and fully responded to by both parties. The Arbitrator did not accept as true facts in the complaint and dismissed the claim without a hearing, even though Vermont has a very liberal notice pleading standard that was both pleaded and known to the Arbitrator. If the Vermont Arbitration Act had applied, the arbitration agreement would have been void for lack of notice and the matter would not have gone to arbitration. 1. Does a court have the right under the Federal Arbitration Act to review a decision of the Arbitrator where the Arbitrator has engaged in a manifest disregard of the law, and is this a separate duty or just judicial gloss of the grounds under 9 U.S.C. § 10(a) (3)&(4) for vacating an arbitration decision where the Arbitrator failed to consider evidence in the complaint in deciding a motion to dismiss and thus refused to consider evidence pertinent and material to the controversy? ii 2. Did the Federal Arbitration Act apply to the transaction between the Masseaus and the Defendants since it involved only intrastate commerce and did not substantially impact interstate commerce as required for the Federal Arbitration Act to be applicable? 3. Is the Federal Arbitration Act a rule of procedure or a substantive law and should the Supreme Court overturn Southland Corp. v. Keating, 465 U.S. 1, 104 S.Ct. 852 (1984) and hold that the Federal Arbitration Act does not apply to proceedings in state courts and is its current application unconstitutional where it applies to contracts of adhesion pursuant to AT&T Mobility, LLC v. Concepcion, 563 U.S. 333, 131 S.Ct. 1740 (2011)?

Docket Entries

2021-10-04
Petition DENIED.
2021-06-30
DISTRIBUTED for Conference of 9/27/2021.
2021-06-14
Waiver of right of respondents Guy Henning and Brickkicker/GDM Home Serrias, LLC to respond filed.
2021-05-14
Petition for a writ of certiorari filed. (Response due June 18, 2021)

Attorneys

Colin Masseau, et al.
Thomas Christopher NuovoBauer Gravel Farnham, LLP, Petitioner
Thomas Christopher NuovoBauer Gravel Farnham, LLP, Petitioner
Guy Henning and Brickkicker/GDM Home Serrias, LLC
Samantha LednickyCatamount Law PLLC, Respondent
Samantha LednickyCatamount Law PLLC, Respondent