Casey v. Wells Fargo Bank, N.A.Annotate this Case
A dispute between a bank customer (Customer) and her bank (Bank) over missing endorsements was submitted to arbitration through the American Arbitration Association. The arbitrator issued a written award in Bank's favor and then granted Bank's motion for an order confirming the arbitration award and for entry of judgment on the order. Customer objected, arguing that, pursuant to Nev. Rev. Stat. 38.239, she should have been afforded the opportunity to oppose the motion to confirm and/or to file a competing motion to vacate, modify, or correct the award. The district court denied the motion. The Supreme Court affirmed, holding that the district court erred in summarily confirming the arbitration award against Customer without giving Customer the opportunity to be heard in opposition to the motion to confirm, even though the ninety-day period for Customer to move to vacate, modify, or correct the award had yet to run.