In re: Wal-Mart, No. 11-17718 (9th Cir. 2013)
Annotate this CaseThis appeal arose out of a protracted dispute over attorneys' fees awarded in the Wal-Mart wage and hour multidistrict litigation. Appellants, the Burton Group, appealed from the district court's confirmation of an arbitration award allocating attorneys' fees, contending that the district court erred in declining to vacate the award under section 10(a) of the Federal Arbitration Act (FAA), 9 U.S.C. 10(a). The court concluded that a non-appealability clause in an arbitration agreement that eliminates all federal court review of arbitration awards, including review under section 10(a) of the FAA, was not enforceable. Accordingly, the court proceeded to the merits of the Burton Group's claims, and affirmed the district court's confirmation of the arbitration award in a memorandum disposition filed contemporaneously with this opinion.
Court Description: Arbitration. Affirming the district court’s confirmation of an arbitration award allocating attorneys’ fees, the panel held that a non-appealability clause in an arbitration agreement that eliminates all federal court review of arbitration awards, including review under § 10 of the Federal Arbitration Act, is not enforceable.
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