No. 25-855

The Visionary, Books + Cafe, LLC v. Bank OZK

Lower Court: Eleventh Circuit
Docketed: 2026-01-16
Status: Denied
Type: Paid
Amici (1)Response Waived
Tags: arbitral-award contract-interpretation federal-arbitration-act judicial-review party-presentation-principle sua-sponte-grounds
Latest Conference: 2026-02-20
Question Presented (from Petition)

This petition concerns the proper scope of judicial review under §10(a)(4) of the Federal Arbitration Act, which permits a court to vacate an arbitral award where "the arbitrators exceeded their powers." This Court has held that arbitrators possess only the authority the parties confer by contract. First Options of Chicago, Inc. v. Kaplan, 514 U.S. 938 (1995). In applying 9 U.S.C. §10(a)(4) after Oxford Health Plans LLC v. Sutter, 569 U.S. 564 (2013), lower courts have differed on whether a court must examine arbitral authority if an arbitrator purports to interpret a contract.

1. After Oxford Health Plans LLC v. Sutter, 569 U.S. 564, does 9 U.S.C. §10(a)(4) require a court to compare an arbitral award with the scope of an arbitrator's powers to determine whether the arbitrator exceeded his or her powers, even where the arbitrator purported to interpret the contract?

2. Does a court of appeals violate the party-presentation principle by affirming a judgment on multiple dispositive sua sponte grounds that were neither raised nor briefed by the parties, without providing the parties advance notice or an opportunity to be heard, contrary to this Court's precedent, including United States v. Sineneng-Smith, 590 U.S. 371 (2020)?

Question Presented (AI Summary)

Whether a court must examine arbitral authority under 9 U.S.C. §10(a)(4) when an arbitrator interprets a contract

Docket Entries

2026-02-23
Petition DENIED.
2026-02-10
Amicus brief of George A. Bermann submitted.
2026-02-10
Brief amicus curiae of George A. Bermann filed. (Distributed)
2026-01-28
DISTRIBUTED for Conference of 2/20/2026.
2026-01-20
Waiver of Bank OZK of right to respond submitted.
2026-01-20
Waiver of right of respondent Bank OZK to respond filed.
2026-01-14
Petition for a writ of certiorari filed. (Response due February 17, 2026)

Attorneys

Bank OZK
Aaron Gavin McLeodAdams and Reese LLP, Respondent
George A. Bermann
Thomas J. CallahanCallahan & Tombari, P.A., Amicus
The Visionary, Books + Cafe, LLC
Arthur Augustine GardnerGardner Thorpe, Petitioner