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Lotz v. Vietor
William Lotz, Gloria Lotz, William Brandenburg, William Quinn, Jeffrey Temeyer, Leonard Kobliska, Sheila Fangman, Angela Quinn, Michael Decker, Curtis Wilson, Linda Wilson, and Rick Kayser, Plaintiffs-Appellees
Dana Vietor, Defendant-Appellant
Attorneys for Appellant
Marcus P. Zelzer
Andrew R. Shedlock
Victoria H. Buter
Attorneys for Appellees
Gail E. Boliver
Matthew Craft
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Buchanan County, John J. Sullivan, Judge. AFFIRMED. Heard by Greer, P.J., and Ahlers, Badding, Chicchelly, and Langholz, JJ. Opinion by Badding, J. (13 pages)
Dana Vietor, a former registered representative with the Financial Industry Regulatory Authority, appeals the denial of his motion to vacate an arbitration award against him for just over $5.7 million on claims brought by ex-clients. On appeal, Vietor claims the award should have been vacated under the Federal Arbitration Act (FAA) because (1) the arbitration panel refused to postpone the final hearing after Vietor’s lead trial counsel withdrew; (2) one of the arbitrators failed to disclose a conflict of interest; and (3) the panel’s decision on attorney fees, breach of contract, and the arbitration eligibility of several claims were in manifest disregard of the law. The claimants request an award of appellate attorney fees as a sanction pursuant to Iowa Rule of Civil Procedure 1.413(1). OPINION HOLDS: We affirm the district court’s denial of Vietor’s motion to vacate the arbitration award, finding that (1) Vietor’s arguments on the panel’s decision on attorney fees, breach of contract, and the arbitration eligibility of several claims do not assert any grounds under section 10 of the FAA for vacatur; (2) the panel was not guilty of misconduct by declining to postpone the final hearing further; and (3) Vietor did not meet his heavy burden to show a conflict of interest concerning one of the arbitrators. Lastly, we deny the claimants’ request for appellate attorney fees as a sanction against Vietor.
