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Wachovia Securities v. Brand

United States Court of Appeals for the Fourth Circuit
671 F.3d 472 (2012)

Written by Sean Carroll, JD

Facts

Wachovia Securities, LLC (Wachovia) (plaintiff) filed an arbitration claim against Frank Brand and three other former Wachovia employees (collectively, Brand) (defendants). The arbitrator found Wachovia’s claims to be frivolous under South Carolina’s Frivolous Civil Proceedings Act (FCPA). The arbitrator awarded Brand over $15,000 in wage-related claims and over $1.1 million in attorneys’ fees incurred in defending against Wachovia’s claims. Wachovia filed a petition in federal district court requesting that the court vacate the arbitration award because the arbitrator manifestly disregarded proper procedure under the FCPA. The district court denied the petition. Wachovia appealed.

Rule of Law

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Issue

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Holding and Reasoning (Duncan, J.)

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A "yes" or "no" answer to the question framed in the issue section;
A summary of the majority or plurality opinion, using the CREAC method; and
The procedural disposition (e.g., reversed and remanded, affirmed, etc.).

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