Paige Electric Company v. Davis & Feder, P.A.
2015-CA-01658-COA
| Miss. Ct. App. | Apr 11, 2017Background
- Paige Electric sued Davis & Feder P.A. for medical malpractice in Mississippi state court.
- Retainer with arbitration clause required disputes to arbitrate rather than go to court.
- Arbitrator issued award in Davis & Feder's favor, dismissing Paige Electric's claims with prejudice.
- Paige Electric moved to declare the arbitration clause invalid and to vacate the award; circuit court denied.
- Circuit court held Paige Electric waived its objection by participating in arbitration and denied vacatur; entry of judgment in favor of Davis & Feder affirmed.
- Paige Electric appeals, challenging waiver and urging vacatur for arbitrator exceedance of authority and other grounds.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Paige Electric waived objections to arbitration by participating | Paige Electric argues waiver did not occur since lien claims arose separately | Davis & Feder contends participation in arbitration constitutes waiver of arbitration challenges | Waiver found; no reversible error on arbitration clause or lien severance |
| Whether the lien claims could be severed and tried separately | Lien claims should be severed from arbitration and tried, | ||
| 0due to separate contract | Lien claims included in arbitration as related to the contract | No error; lien claims properly within arbitration under broad "any dispute" clause | |
| Whether the arbitrator exceeded powers warranting vacatur | Arbitrator exceeded authority substantively or legally | Arbitrator acted within scope; no grounds for vacatur | No abuse of power; vacatur denied |
Key Cases Cited
- Wilson v. Greyhound Bus Lines Inc., 830 So. 2d 1151 (Miss. 2002) (extremely limited scope of review in arbitration)
- First Options of Chicago Inc. v. Kaplan, 514 U.S. 938 (U.S. 1995) (arbitration awards reviewed narrowly; defer to arbitrator)
- Robinson v. Henne, 115 So. 3d 797 (Miss. 2013) (arbitrator’s powers not exceeded absent clear misconduct)
- Complaint of Hornbeck Offshore (1984) Corp., 981 F.2d 752 (5th Cir. 1993) (broad "any dispute" arbitration language covers related disputes)
- Horton v. Horton, 926 So.2d 167 (Miss. 2006) (broad vs narrow arbitration language governs arbitrability)
- Pennzoil Exploration & Prod. Co. v. Ramco Energy Ltd., 139 F.3d 1061 (5th Cir. 1998) (interprets broad reach of "related to" language)