No. 22-265

Christopher N. Caputo v. Wells Fargo Advisors, LLC

Lower Court: Third Circuit
Docketed: 2022-09-20
Status: Denied
Type: Paid
Response WaivedRelisted (2)
Tags: arbitral-awards arbitration-law contractual-forfeiture contractual-provisions federal-arbitration-act judicial-review public-policy-exception statutory-interpretation statutory-violations
Latest Conference: 2023-01-06 (distributed 2 times)
Question Presented (from Petition)

1. Whether this Court's public policy exception is inapplicable to an arbitral award enforcing contractual provisions that are expressly illegal, void, and unenforceable under applicable statutes, on the supposition that such statutes do not embody sufficiently well-defined and dominant public policy.

2. Whether this Court's public policy exception to judicial deference toward arbitral awards is displaced by a deferential manifest-disregard-of-law standard of judicial review where, as here, the public policy issue was presented to the arbitrators.

3. Whether this Court's public policy exception is applicable under the FAA in light of Hall Street Associates v. Mattel, 552 U.S. 576 (2008) (holding that grounds set out in the FAA for vacating arbitral awards are exclusive), as to which lower courts are split.

Question Presented (AI Summary)

Whether the public policy exception applies to an arbitral award enforcing contractual provisions that are expressly illegal, void, and unenforceable under applicable statutes

Docket Entries

2023-01-09
Rehearing DENIED.
2022-11-30
DISTRIBUTED for Conference of 1/6/2023.
2022-11-22
2022-10-31
Petition DENIED.
2022-10-25
Supplemental brief of petitioner Christopher N. Caputo filed. (Distributed)
2022-10-05
DISTRIBUTED for Conference of 10/28/2022.
2022-09-22
Waiver of right of respondent Wells Fargo Advisors, LLC to respond filed.
2022-09-15

Attorneys

Christopher N. Caputo
Timothy William BerginPotomac Law Group, PLLC, Petitioner
Wells Fargo Advisors, LLC
Megan M. ChristensenStevens & Lee, PC, Respondent