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A federal district court in Mississippi refused to vacate an arbitrator's award favoring an employer in an age discrimination dispute, as the employee presented no credible evidence of the arbitrator's manifest disregard of the law.
In Adcock v. Halliburton Energy Services, Inc., No. 2:04-cv-284(Br)(Su), 2007 WL 496729 (S.D. Miss. Feb. 13, 2007), Adcock was fired from his job at Halliburton, allegedly because of his age. After losing in arbitration, Adcock claimed the arbitrator had disregarded the law by ignoring testimony that provided evidence for his claim.
The Court disagreed. Noting that the testimony referenced and elicited comments that were not proximate in time to the termination, the Court found no error or manifest disregard of the law by the arbitrator. The Court confirmed the award for Halliburton.
Because the Court found no legitimate basis for vacating, it did not rule on Halliburton's claim that Adcock's motion was untimely. However, the Court did express support for the D.C. Circuit's reading of the Federal Arbitration Act, that having three months from the time an award was "filed or delivered" includes the date the award was received.
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