Beckley Oncology Associates, Inc. v. Abumasmah, No. 19-1751 (4th Cir. 2021)Annotate this Case
BOA appealed the district court's dismissal of its complaint seeking to vacate an arbitration award in favor of defendant, an oncologist and former BOA employee. In this case, the employment agreement between BOA and defendant purported to waive both judicial and appellate review of the arbitrator's decision.
The Fourth Circuit agreed with the Tenth Circuit that an appellate waiver in an arbitration agreement under the Federal Arbitration Act (FAA) is valid and enforceable. Because the employment agreement contains a severability clause, and because unenforceable provisions in arbitration clauses are severable if they do not go to the essence of the contract, the court need not invalidate the appeal waiver. Accordingly, the court dismissed BOA's appeal.