Shaffer v. PriorityOne Bank ( 2023 )

Case: 21-60802 Document: 00516671965 Page: 1 Date Filed: 03/09/2023 United States Court of Appeals for the Fifth Circuit United States Court of Appeals Fifth Circuit ____________ FILED March 9, 2023 No. 21-60802 Lyle W. Cayce ____________ Clerk Eileen N. Shaffer, Chapter 7 Trustee for the Bankruptcy Estate of Debtors Danny & Judy Hall, Plaintiff—Appellee, versus PriorityOne Bank, Defendant—Appellant. ______________________________ Appeal from the United States District Court for the Southern District of Mississippi USDC No. 3:15-CV-304 ______________________________ Before Davis, Elrod, and Haynes, Circuit Judges. Per Curiam: * Acting as trustee of a bankruptcy estate, Eileen Shaffer received a favorable arbitration award against PriorityOne Bank. The Bank sought to vacate that award in the district court, arguing that the arbitrator had a conflict of interest. The district court held that even though the arbitrator did have a conflict, the Bank had constructive knowledge of that conflict and _____________________ * This opinion is not designated for publication. See 5th Cir. R. 47.5. Case: 21-60802 Document: 00516671965 Page: 2 Date Filed: 03/09/2023 No. 21-60802 therefore had waived any ability to challenge the award on that ground. Having considered the briefing, oral argument, and relevant portions of the record, we conclude that the district court did not commit a reversible error. AFFIRMED. 2