Sobel v. Hertz, Warner & Co.
United States Court of Appeals for the Second Circuit
469 F.2d 1211 (1972)
- Written by Salina Kennedy, JD
Facts
Herbert Sobel (plaintiff) alleged that he had made investments based on fraudulent advice provided by Hertz, Warner & Company (Hertz), a stock-brokerage firm. The parties agreed to arbitrate Sobel’s claim before a panel of five arbitrators. After holding two hearings and reviewing Sobel’s detailed statement of claim, Hertz’s detailed reply, and written memoranda of law and summations submitted by the parties’ counsel, the arbitration panel dismissed Sobel’s claim. Sobel’s request for reconsideration was denied, and he filed a motion in federal district court to vacate the arbitrators’ decision. The record reviewed by the district court included all the written documents reviewed by the arbitration panel as well as a complete transcript of the arbitration proceedings. The district court remanded the case to the arbitration panel for an explanation of its decision in the matter. Hertz appealed the district court’s order.
Rule of Law
Issue
Holding and Reasoning (Feinberg, J.)
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