Morgan Keegan & Company v. David Fleming, et al

Filing

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]

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[Unpublished]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