Doscher v. Sea Port, No. 15-2814 (2d Cir. 2016)Annotate this Case
Petitioner commenced arbitration against his former employers, who are both members of FINRA. This appeal stems from the dismissal of a petition to vacate an arbitral award pursuant to section 10 of the Federal Arbitration Act (FAA), 9 U.S.C. 10. The district court held that internal FINRA rules do not present questions of federal law, and that plaintiff's reliance on his section 10(b) claim was “squarely foreclosed” by Greenberg v. Bear, Stearns & Co. Because the petition does not present a facial claim of any manifest disregard of federal law, the court must decide whether Greenberg remains good law in light of the Supreme Court's decision in Vaden v. Discover Bank. The court concluded that Vaden not only cast doubt on the court's precedent but rendered its holding fundamentally inconsistent with the Supreme Court’s analysis of jurisdictional inquiries under the Act. Accordingly, the court overruled Greenberg and concluded that federal courts may “look through” section 10 petitions, applying the ordinary principles of federal‐question jurisdiction to the underlying dispute as defined by Vaden. The court vacated and remanded for further proceedings.