Koruga v. Fiserv Correspondent Services, Inc.
Koruga v. Fiserv Correspondent Services, Inc.
Opinion of the Court
MEMORANDUM
Fiserv appeals the denial of its motion to vacate an adverse arbitration award. The company contends that the arbitration panel manifestly disregarded applicable law in determining that it acted as a broker-dealer and materially aided in fraudulent transactions committed by initiating broker Duke & Company, rendering the company liable under RCW § 21.20.430(3) and Cal. Corp.Code § 25504. It also complains of the district court’s award of attorney’s fees to the appellees incurred in responding to its motion to vacate the award. Finding a sufficient basis in law for the arbitration panel’s award and the district court’s award of attorney’s fees, we affirm.
ANALYSIS
We review de novo the district court’s denial of Fiserv’s motion to vacate.
Fiserv insists that the arbitration panel manifestly disregarded applicable law governing whether a clearing broker can act as a broker-dealer and materially aid an initiating broker’s fraudulent transactions. Fiserv contends that a clearing broker performs entirely ministerial tasks and, therefore, cannot be considered a broker-dealer under the language of the Washington and California statutes. The arbitration panel requested briefing on all law governing the interpretation of the California and Washington statutes as related to clearing brokers. Neither party cited any direct authority. Instead, Fiserv presented Carlson v. Bear Steams,
Following the panel’s award Fiserv moved to vacate it in district court. The district court denied the motion and awarded attorney’s fees to the respondent for fees incurred in defending the award. Absent a contractual or statutory authorization, a prevailing litigant is generally not entitled to attorney’s fees.
Fiserv contends that an award of attorney’s fees to the plaintiffs was improper under the Seventh Circuit’s decision in Menke v. Monchecourt,
For the reasons assigned the judgment of the district court is AFFIRMED.
This disposition is not appropriate for publication and may not be cited to or by the courts of this Circuit except as may be provided by Ninth Circuit Rule 36-3.
. Woods v. Saturn Distribution Corp., 78 F.3d 424, 427 (9th Cir. 1996).
. A.G. Edwards & Sons, Inc. v. McCollough, 967 F.2d 1401, 1403 (9th Cir. 1992); see also Thompson v. Tega-Rand Int'l, 740 F.2d 762, 763 (9th Cir. 1984).
. Michigan Mut. Ins. Co. v. Unigard Sec. Ins. Co., 44 F.3d 826, 832 (9th Cir. 1995).
. Todd Shipyards Corp. v. Cunard Line, Ltd., 943 F.2d 1056, 1060 (9th Cir. 1991) (citations omitted).
. Michigan Mut. Life Ins. Co., 44 F.3d at 832.
. 906 F.2d 315 (7th Cir. 1990).
. Int’l Union of Petroleum and Indus. Workers v. Western Indus. Maint., Inc., 707 F.2d 425, 428 (9th Cir. 1983).
. R.C.W. 21.20.430(3).
. R.C.W. 21.20.430(1) provides that "any person, who offers or sells a security in violation of any provisions R.C.W. 21.20.010, 21.20.140(1) or (2), or 21.20.180 through 21.20.230, is liable to the person buying the security ... for the security, together with interest ... costs, and reasonable attorney's fees....”
. 17 F.3d 1007 (7th Cir. 1994).
Case-law data current through December 31, 2025. Source: CourtListener bulk data.