S-23-0660 Lund-Ross Constructors, Inc., A Nebraska Corporation (Appellant) v. The Duke of Omaha, LLC, A Georgia Limited Liability Company, et al. (Appellee)
Appeal from the Nebraska Court of Appeals on appeal therefrom the District Court for Douglas County, Judge Molly B. Keane
Attorneys: Justin D. Eichmann (Houghton, Bradford & Whitted, P.C., L.L.O., for Appellant) and Justin W. Pritchett and Steven R. Hogan (Fraser Stryker, P.C., L.L.O., for Appellee A Raymond Plumbing, Inc.)
Civil: Arbitration
Proceedings below: Appellant sought to vacate a portion of an arbitration award, which the district court denied. In Lund-Ross Constructors v. Duke of Omaha, 33 Neb.App. 73, 10 N.W.3d 909 (2024), the Court of Appeals affirmed, in part, and vacated, in part. Appellee petitioned for further review, which the Supreme Court sustained and ordered that this case be transferred from the docket of the Court of Appeals to its docket.
Issues: On petition for further review, Appellee assigns the following errors: 1)The Court of Appeals incorrectly found that it had jurisdiction over this appeal; 2) The Court of Appeals incorrectly determined that the question of misbehavior under 9 U.S.C. §10(a)(3) was brought before the district court; 3) The Court of Appeals had insufficient evidence to find misconduct under 9 U.S.C. §10(a)(3); and 4) The Court of Appeals failed to grant the arbitrator great deference as required under Eighth Circuit precedent.