Masimo Corp. v. Ruhe

(1) Whether the Ninth Circuit properly concluded"in conflict with the decisions of other courts"that an arbitrator's refusal to refer a disqualification motion to a neutral decision maker, reliance on a party's disqualification motion as basis for imposing punitive damages, or other circumstances like those presented here, where the arbitrator's brother had served as lead counsel to petitioner's chief competitor in recent litigation against petitioner, does not establish "evident partiality" justifying vacatur of the award; and (2) whether the Ninth Circuit properly held"in conflict with the decisions of other courts"that an appellee waives an argument pressed in, but not passed on by, the district court by not advancing it as an alternative ground for affirming the judgment below.