Arbitration: Award-Default Judgment-Appointment of Receiver

Staff Report//March 20, 2020//

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Defendant appealed from the district court’s appointment of a receiver after the district court entered default judgment on an arbitration award entered in favor of plaintiff. Defendant further argued that the district court granted the receiver powers beyond those authorized by state law.

Where defendant had frustrated plaintiff’s attempts to execute on the arbitration award and judgment, the district court did not abuse its discretion in appointing a receiver to investigate defendant’s assets.

Judgment is affirmed.

Morgan Stanley Smith Barney LLC v. Johnson (MLW No. 74693/Case No. 18-3106 – 9 pages) (U.S. Court of Appeals, 8th Circuit, Loken, J.) Appealed from U.S. District Court, District of Minnesota, Magnuson, J. Daniel Robert Kelly, of Minneapolis, MN, for appellant, Brandon J. Wheeler, of Minneapolis, MN on brief) (Ira N. Glauber, of New York, NY, for appellee; Stephen M. Harris, of Minneapolis, MN on brief)