Morgan Keegan & Company v. David Fleming, et al


CORRECTED OPINION FILED - THE COURT: LOKEN, MELLOY, and BENTON Original Opinion filed on: 06/03/2013 Correction to opinion: Correct the filing date shown on page one of the opinion from June 1, 2013 to June 3, 2013. [4042427] [12-3418]

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United States Court of Appeals For the Eighth Circuit ___________________________ No. 12-3418 ___________________________ Morgan Keegan & Company, Inc. lllllllllllllllllllll Plaintiff - Appellant v. David Fleming; David Fleming, as Personal Representative of the Estate of Carmeletta Fleming, Deceased lllllllllllllllllllll Defendants - Appellees ____________ Appeal from United States District Court for the Eastern District of Arkansas - Little Rock ____________ Submitted: May 23, 2013 Filed: June 3, 2013 (Corrected June 5, 2013) [Unpublished] ____________ Before LOKEN, MELLOY, and BENTON, Circuit Judges. ____________ PER CURIAM. Appellate Case: 12-3418 Page: 1 Date Filed: 06/05/2013 Entry ID: 4042427 Morgan Keegan & Company, Inc. (Morgan Keegan) appeals the district court’s1 denial of its motion to vacate an arbitration award. After careful review of the record, see Medicine Shoppe Int’l, Inc. v. Turner Invs., Inc., 614 F.3d 485, 488 (8th Cir. 2010) (standard of review), and considering the parties’ submissions on appeal, we agree with the district court that Morgan Keegan was not entitled to the relief sought for the reasons explained in the court’s opinion. We conclude as well that the district court gave adequate consideration to all of Morgan Keegan’s arguments, including its public-policy argument, which was premised on Morgan Keegan's claim the parties entered into a settlement agreement. The arbitration panel heard evidence on the question of whether the parties had settled their dispute and concluded there was no valid settlement agreement. The factual determination there was no settlement agreement is not reviewable under the Federal Arbitration Act. Accordingly, we affirm. See 8th Cir. R. 47B. ______________________________ 1 The Honorable Brian S. Miller, Chief Judge, United States District Court for the Eastern District of Arkansas. -2- Appellate Case: 12-3418 Page: 2 Date Filed: 06/05/2013 Entry ID: 4042427

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