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No cert for Dane Investments
March 27, 2007 by Ross Runkel at LawMemo
The US Supreme Court denied certiorari Monday in Dane Investments, LLC v. H & R Block Financial Advisors.
Even though the Supreme Court has a pretty lean docket these days, this case was not appealing to enough of the Justices.
And rightly so.
Dane was advancing the theory that a court should overturn an arbitration decision based on "unconscionable results." That would be a new, and non-statutory, ground for vacating an arbitration award under the Federal Arbitration Act.
My view: the Supreme Court is not interested in adding any non-statutory grounds for vacating awards. The lower court didn't rise to the bait, so the easy thing to do is to deny review.
Another Dane argument was that the arbitration panel did not make an audible tape recording or transcript of the arbitration proceedings.
My view: The Supreme Court is not in the business of correcting such errors, if errors they be.
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