Originally from:

Journal of American Arbitration (JAA) - Vol. 3, No. 2

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ARTICLES

The Federal Arbitration Act and Subject
Matter Jurisdiction: the Ninth Circuit Finds
Federal Question Jurisdiction in Claim of
Manifest Disregard of the Law in Luong v.
Circuit City Stores, Inc.
By Sandra K. Partridge
 

I. OVERVIEW
Vernon Vu Luong brought an action in federal district court against
his employer, Circuit City Stores, alleging discrimination in violation of
the American with Disabilities Act (ADA).1 Circuit City responded by
requesting that the court compel arbitration pursuant to an arbitration
agreement between the parties.2 The district court granted Circuit City’s
motion and the dispute was subsequently arbitrated.3 The arbitrator ruled
that Circuit City had not violated the ADA because Luong “was neither
disabled nor regarded as disabled under [Toyota Motor Manufacturing,
Inc. v. Williams].”4
Luong then filed a petition to vacate the award under § 10 of the
Federal Arbitration Act (FAA)5 in the United States District Court for the