Wade Tucker and Wendell Cook Testamentary Trust, Derivatively for Healthsouth Corporation v. Ernst & Young, LLP

Summary

Justice Murdoch concurs in the affirmation of the arbitration award, arguing that the arbitrators misapplied Alabama agency law on imputation of an agent’s knowledge and that, despite that error, the limited FAA review does not permit vacating the award. He also questions the applicability of the “manifest disregard” doctrine to the case.