Denver & Rio Grande W. R.R. v. Union Pac. R.R., 119 F.3d 847 (10th Cir. 1997). · Go Syfert
Denver & Rio Grande W. R.R. v. Union Pac. R.R., 119 F.3d 847 (10th Cir. 1997). Cases Citing This Book View Copy Cite
“ase law interpreting rules is founded upon a policy which favors deciding cases on the merits as opposed to dismissing them because of minor technical defects.”
167 citation events (123 in the last 25 years) across 21 distinct courts.
Strongest positive: Peterson v. Minerva Surgical (ca10, 2024-08-15)
Treatment trajectory · 1997 → 2026 · click a year to view as-of
1997 2011 2026
Top citers, strongest first. 50 distinct citers.
discussed Cited as authority (verbatim quote) Peterson v. Minerva Surgical (2×) also: Cited "see"
10th Cir. · 2024 · quote attribution · 1 verbatim quote · confidence high
errors in . . . the arbitrator's factual findings . . . do not justify review or reversal on the merits of the controversy.
discussed Cited as authority (verbatim quote) Choice Investment Management, LLC v. Atea-Brookline, LLC
D. Colo. · 2023 · quote attribution · 1 verbatim quote · confidence high
the factual findings of the arbitrator are insulated from judicial review.
discussed Cited as authority (verbatim quote) United States v. Bailey
10th Cir. · 2000 · quote attribution · 1 verbatim quote · confidence high
ase law interpreting rules is founded upon a policy which favors deciding cases on the merits as opposed to dismissing them because of minor technical defects.
cited Cited as authority (rule) Rosenthal
W.D. Okla. · 2026 · confidence medium
Co., 119 F.3d 847, 849 (10th Cir. 1997)).
cited Cited as authority (rule) Pak
D. Colo. · 2025 · confidence medium
R.R., 119 F.3d 847, 849 (10th Cir. 1997).
cited Cited as authority (rule) ksd 2025
D. Kan. · 2025 · confidence medium
Co., 119 F.3d 847, 848 (10th Cir. 1997)).
discussed Cited as authority (rule) Blake v. JPay (2×)
D. Kan. · 2025 · confidence medium
Co., 119 F.3d 847, 849 (10th Cir.1997) (citations omitted). powers such that “a mutual, final, and definite award” was not made.12 An arbitration award may also be vacated for “a handful of judicially created reasons,” such as a violation of public policy or manifest disregard of the law.13 “Outside of these limited circumstances, an arbitration award must be confirmed.”14 In reviewing an arbitration award, the Court must “give extreme deference to the determination of the arbitration panel for the standard of review of arbitral awards is among the narrowest known to law.”15 Pl…
discussed Cited as authority (rule) Blake v. JPay (2×)
D. Kan. · 2025 · confidence medium
Co., 119 F.3d 847, 849 (1997) (citations omitted). 5 9 U.S.C. § 10 (a)(1)-(4). violation of public policy or manifest disregard of the law.6 “Outside of these limited circumstances, an arbitration award must be confirmed.”7 In reviewing an arbitration award, the Court must “give extreme deference to the determination of the arbitration panel for the standard of review of arbitral awards is among the narrowest known to law.”8 III.
discussed Cited as authority (rule) Blake v. JPay (2×)
D. Kan. · 2024 · confidence medium
Co., 119 F.3d 847, 849 (1997) (citations omitted). 5 9 U.S.C. § 10 (a)(1)-(4). 6 Denver & Rio Grande W.
cited Cited as authority (rule) Serna v. BBVA USA
10th Cir. · 2024 · confidence medium
Co., 119 F.3d 847, 849 (10th Cir. 1997).
discussed Cited as authority (rule) The Wall Guy, Inc. v. FDIC
4th Cir. · 2024 · confidence medium
Co., 119 F.3d 847, 849 (10th Cir. 1997) (holding that a docketing statement was sufficient to confer appellate jurisdiction where “it failed to designate the dates of the orders” appealed but “clearly described the issues on appeal as those decided by the undesignated orders” and attached copies of those orders to the docketing statement); Trotter v. Regents of the Univ. of N.M., 219 F.3d 1179 , 1184 (10th Cir. 2000) (same); Emps.
discussed Cited as authority (rule) The Wall Guy, Inc. v. FDIC
4th Cir. · 2024 · confidence medium
Co., 119 F.3d 847, 849 (10th Cir. 1997) (holding that a docketing statement was sufficient to confer appellate jurisdiction where “it failed to designate the dates of the orders” appealed but “clearly described the issues on appeal as those decided by the undesignated orders” and attached copies of those orders to the docketing statement); Trotter v. Regents of the Univ. of N.M., 219 F.3d 1179 , 1184 (10th Cir. 2000) (same); Emps.
discussed Cited as authority (rule) The Wall Guy, Inc. v. FDIC
4th Cir. · 2024 · confidence medium
Co., 119 F.3d 847, 849 (10th Cir. 1997) (holding that a docketing statement was sufficient to confer appellate jurisdiction where “it failed to designate the dates of the orders” appealed but “clearly described the issues on appeal as those decided by the undesignated orders” and attached copies of those orders to the docketing statement); Trotter v. Regents of the Univ. of N.M., 219 F.3d 1179 , 1184 (10th Cir. 2000) (same); Emps.
cited Cited as authority (rule) McCray v. United States Department of Veterans Affairs, Secretary of
D. Kan. · 2023 · confidence medium
Co., 119 F.3d 847, 848 (10th Cir. 1997)).
cited Cited as authority (rule) Fish v. Occupational Health & Safety Administration
D.N.M. · 2023 · confidence medium
Co., 119 F.3d 847, 848-49 (10th Cir. 1997).
discussed Cited as authority (rule) Torgerson v. LCC International (2×)
D. Kan. · 2023 · confidence medium
Co., 119 F.3d 847, 849 (10th Cir. 1997))).
cited Cited as authority (rule) Fish v. Occupational Health & Safety Administration
D.N.M. · 2022 · confidence medium
Co., 119 F.3d 847, 848-49 (10th Cir. 1997).
cited Cited as authority (rule) Integrated Associates of Denver, Inc., The v. Pope
D. Colo. · 2021 · confidence medium
Co., 119 F.3d 847, 849 (10th Cir. 1997).
cited Cited as authority (rule) Kelly v. K12 Inc.
10th Cir. · 2021 · confidence medium
R.R., 119 F.3d 847, 849 (10th Cir. 1997).
cited Cited as authority (rule) Lewis v. Powers
10th Cir. · 2021 · confidence medium
R.R., 119 F.3d 847, 849 (10th Cir. 1997) (citations and internal quotation marks omitted).
discussed Cited as authority (rule) Integrated Associates of Denver, Inc., The v. Pope (2×)
D. Colo. · 2020 · confidence medium
R.R., 119 F.3d 847, 849 (10th Cir. 1997).
cited Cited as authority (rule) USA Volleyball v. Tatham
D. Colo. · 2020 · confidence medium
Co., 119 F.3d 847, 849 (10th Cir. 1997). “[G]reat deference is owed to the arbitrator’s decision.
cited Cited as authority (rule) Piston v. Transamerica Capital
10th Cir. · 2020 · confidence medium
Co., 119 F.3d 847, 849 (10th Cir. 1997).
discussed Cited as authority (rule) Dodson International Parts, Inc. v. Williams International Co. LLC (2×)
D. Kan. · 2020 · confidence medium
Co., 119 F.3d 847, 849 (10th Cir. 1997); United States ex rel.
cited Cited as authority (rule) Wright v. NH Thornton Place, LLC
D. Kan. · 2020 · confidence medium
Co., 119 F.3d 847, 849 (10th Cir. 1997).
cited Cited as authority (rule) Mid Atlantic Capital v. Bien
10th Cir. · 2020 · confidence medium
Co., 119 F.3d 847, 849 (10th Cir. 1997)).
discussed Cited as authority (rule) Torgerson v. LCC International (2×)
D. Kan. · 2020 · confidence medium
Co., 119 F.3d 847, 849 (10th Cir. 1997))).
cited Cited as authority (rule) Whitehead v. Marcantel
10th Cir. · 2019 · confidence medium
Co., 119 F.3d 847, 849 (10th Cir. 1997).
cited Cited as authority (rule) Groesbeck v. Bumbo International Trust
10th Cir. · 2017 · confidence medium
Co., 119 F.3d 847, 849 (10th Cir. 1997) (quoting Torres v. Oakland Scavenger Co., 487 U.S. 312, 317 (1988)).
cited Cited as authority (rule) Jackson v. Coons
10th Cir. · 2017 · confidence medium
Co., 119 F.3d 847, 849 (10th Cir. 1997) (internal quotation marks omitted).
discussed Cited as authority (rule) HCG Platinum, LLC v. Preferred Product Placement Corp.
10th Cir. · 2017 · confidence medium
Co., 119 F.3d 847, 849 (10th Cir. 1997) (quoting Torres v. Oakland Scavenger Co., 487 U.S. 312, 317 , 108 S.Ct. 2405 , 101 L.Ed.2d285 (1988)).
discussed Cited as authority (rule) THI of New Mexico at Vida Encantada, LLC v. Lovato (2×)
10th Cir. · 2017 · confidence medium
Co., 119 F.3d 847, 849 (10th Cir. 1997) (citing 9 U.S.C. § 9 ).
cited Cited as authority (rule) A. Kershaw, P.C. v. Shannon L. Spangler, P.C.
10th Cir. · 2017 · confidence medium
R.R., 119 F.3d 847, 849 (10th Cir. 1997).
cited Cited as authority (rule) DISH Network, LLC v. Ray
D. Colo. · 2016 · confidence medium
Co., 119 F.3d 847, 849 (10th Cir. 1997).
discussed Cited as authority (rule) Williams v. Akers (2×) also: Cited "see, e.g."
10th Cir. · 2016 · confidence medium
Co., 119 F.3d 847, 849 (10th Cir. 1997).
cited Cited as authority (rule) United States v. Young
10th Cir. · 2016 · confidence medium
Co., 119 F.3d 847, 849 (10th Cir. 1997).
discussed Cited as authority (rule) Nuyen v. Hong Thai Ly
D.D.C. · 2014 · confidence medium
Co., 119 F.3d 847, 849 (10th Cir.1997) (errors in arbitrator’s factual findings or legal interpretations do not justify review or reversal absent a showing of manifest disregard). “[I]f an arbitrator is even arguably construing or applying the contract and acting within the scope of his authority, the fact that a court is convinced he committed serious error is not sufficient to overturn his decision.” Major League Baseball Players Ass’n v. Garvey, 532 U.S. 504, 509 , 121 S.Ct. 1724 , 149 L.Ed.2d 740 (2001) (internal quotation marks omitted).
discussed Cited as authority (rule) Hosier v. Citigroup Global Markets, Inc. (2×)
D. Colo. · 2011 · confidence medium
R.R., 119 F.3d 847, 849 (10th Cir.1997).
discussed Cited as authority (rule) Chevron Mining Inc. v. United Mine Workers of America Local 1307
10th Cir. · 2011 · confidence medium
Because of the courts’ limited ability to review arbitration awards, their powers of review have been described as “among the narrowest known to the law.” 119 F.3d 847, 849 (10th Cir.1997) (citations omitted).
discussed Cited as authority (rule) Mosley v. Titus
D.N.M. · 2010 · confidence medium
The Court accepts the Defendants' assertion that Titus advised Mosley that his ex parte contacts were improper as true, because Mosley has failed to specifically controvert the Defendants’ statement of fact with a denial or counter-statement that meets the substance of the Defendants' statement; instead he has "intermixed [his] response[] ... with legal argument[].” Mitchael v. Intracorp, Inc., 119 F.3d 847, 856 (10th Cir.1999).
cited Cited as authority (rule) DMA International, Inc. v. Qwest Communications International, Inc.
10th Cir. · 2009 · confidence medium
Co., 119 F.3d 847, 850 (10th Cir.1997) (“Neither this court nor the district court ... has the authority to second-guess the arbitrator’s findings or conclusions.”).
cited Cited as authority (rule) Abbott v. Mulligan
D. Utah · 2009 · confidence medium
R.R., 119 F.3d 847, 849 (10th Cir.1997)).
cited Cited as authority (rule) Daro Weilburg v. Susan Suggs
7th Cir. · 2009 · confidence medium
Co., 119 F.3d 847, 848-49 (10th Cir.1997).
cited Cited as authority (rule) Lewis v. Circuit City Stores, Inc.
10th Cir. · 2007 · confidence medium
Co., 119 F.3d 847, 849 (10th Cir.1997) (citing W.R.
cited Cited as authority (rule) United States v. Lee
10th Cir. · 2006 · confidence medium
Co., 119 F.3d 847, 848 (10th Cir.1997).
discussed Cited as authority (rule) Kalmar Industries USA LLC v. International Brotherhood of Teamsters Local 838
D. Kan. · 2006 · confidence medium
R.Co., 119 F.3d 847, 849 (10th Cir.1997) ("Errors in [] the arbitrator’s factual findings ... do not justify review ... [T]he factual findings of the arbitrator are insulated from judicial review.”). 28 .
discussed Cited as authority (rule) Bison Building Materials, Ltd. v. Aldridge (2×)
Tex. App. · 2006 · confidence medium
R.R., 119 F.3d 847, 849 (10th Cir.1997) (court may vacate arbitration award only for reasons enumerated in FAA, 9 U.S.C. § 10 , or for handful of judicially created reasons).
discussed Cited as authority (rule) Bison Building Materials, Ltd. v. Lloyd K. Aldridge
Tex. App. · 2006 · confidence medium
R.R. , 119 F.3d 847, 849 (10th Cir. 1997) (court may vacate arbitration award only for reasons enumerated in FAA, 9 U.S.C. § 10 , or for handful of judicially created reasons).
cited Cited as authority (rule) Hollern Ex Rel. Price v. Wachovia Securities, Inc.
10th Cir. · 2006 · confidence medium
R.R., 119 F.3d 847, 849 (10th Cir.1997). *1173 Hollern advanced two grounds in the district court for vacating the attorneys’ fees’ portion of the arbitral award.
cited Cited as authority (rule) United States v. Irving
10th Cir. · 2006 · confidence medium
R.R., 119 F.3d 847, 849 (10th Cir. 1997) (internal quotation omitted), and the appellee had notice of the subject of the appeal and suffered no prejudice.
The DENVER & RIO GRANDE WESTERN RAILROAD COMPANY, Plaintiff-Counter-Defendant-Appellant,
v.
UNION PACIFIC RAILROAD COMPANY, Defendant-Counter-Claimant-Appellee
96-3050.
Court of Appeals for the Tenth Circuit.
Jul 17, 1997.
119 F.3d 847
Phillip R. Fields, Wichita, KS, for Plaintiff-Counter-Defendanb-Appellant., Kenton E. Kniekmeyer (Michael D. O’Keefe, with him on the brief), Thompson Coburn, St. Louis, MO, for Defendant-Counter-Claimant-Appellee.
Kelly, McWilliams, Henry.
Cited by 105 opinions  |  Published
Pinpoint authority: bottom 56%
PAUL KELLY, JR., Circuit Judge.

This lawsuit is part of the aftermath of a March 28, 1991, train collision near Cody, Kansas, on trackage controlled by Union Pacific Railroad Company. Both trains were owned by the Denver & Rio Grande Western Railroad Company, but pursuant to an agreement between the two railroads, were operated by crews employed by Union Pacific. The Denver & Rio Grande Western sought a declaratory judgment that Union Pacific was liable for the property damage and personal injury awards resulting from the accident. Proceedings in the district court were stayed pending arbitration. The arbitrator ruled in favor of Union Pacific, concluding that at the time the conductor improperly diverted his train into the path of the other he was, by virtue of the parties’ agreement, the sole employee of the Denver & Rio Grande Western.

The Denver & Rio Grande Western moved to vacate the arbitrator’s award, arguing that it violated Kansas’s public policy prohibiting indemnification for acts of gross negligence. The district court denied the motion and confirmed the arbitrator’s award, and the Denver & Rio Grande Western brought this appeal. Union Pacific cross-appeals, arguing that we have no jurisdiction in this matter because the Denver & Rio Grande Western’s notice of appeal was defective.

Union Pacific’s argument is based upon the Denver & Rio Grande Western’s failure to designate the orders from which it appeals in its notice of appeal. See Fed. R.App. P. 3(c). Union Pacific further argues that a docketing statement cannot be used to cure a defective notice of appeal; regardless, it argues, the Denver & Rio Grande Western’s docketing statement was filed late and with the incorrect court. The issues argued on appeal by the Denver & Rio Grande Western were resolved by the district court’s orders of November 4, 1994 and January 25, 1995. While it is true that the Denver & Rio Grande Western failed to designate these orders in its notice of appeal, Union Pacific’s arguments are unavailing. Although practitioners are expected to carefully comply with procedural rules, case law interpreting those rules is founded upon a policy which favors deciding cases on the merits as opposed to dismissing them because of minor technical defects. E.g., Foman v. Davis, 371 U.S. 178, 181-82, 83 S.Ct. 227, 228-29, 9 L.Ed.2d 222[*849] (1962) (“The Federal Rules reject the approach that pleading is a game of skill in which one misstep by counsel may be decisive to the outcome ....”) (citation omitted).

When a notice of appeal fails to designate the order from which the appeal is taken, our jurisdiction will not be defeated if other papers filed within the time period for filing the notice of appeal provide the “functional equivalent” of what Rule 3 requires. Torres v. Oakland Scavenger Co., 487 U.S. 312, 317, 108 S.Ct. 2405, 2408, 101 L.Ed.2d 285 (1988); Hubbert v. City of Moore, 923 F.2d 769, 772 (10th Cir.1991). The Denver & Rio Grande Western filed its docketing statement within this time limit, see Fed. R.App. P. 4(a)(1) and 26(a), and with the proper court, see 10th Cir. R. 3.4.

The docketing statement filed by the Denver & Rio Grande Western clearly sets forth its intention to appeal from the undesignated orders, and Union Pacific had adequate notice of the issue being appealed and will not be prejudiced. Bohn v. Park City Group, 94 F.3d 1457, 1460 (10th Cir.1996); see Smith v. Barry, 502 U.S. 244, 248, 112 S.Ct. 678, 681, 116 L.Ed.2d 678 (1992). Although it failed to designate the dates of the orders in its notice of appeal or docketing statement, the docketing statement clearly described the issues on appeal as those decided by the undesignated orders. Copies of these two orders of the district court were attached to the docketing statement, which was served on the defendant. Union Pacific had notice of the subject of the appeal, had copies of the pertinent orders, and thus suffered no prejudice from the omission. See Foman, 371 U.S. at 181, 83 S.Ct. at 228; Cooper v. American Auto. Ins. Co., 978 F.2d 602, 607-09 (10th Cir.1992). Thus, Union Pacific’s argument that we have no jurisdiction fails.

For its part, the Denver & Rio Grande Western argues that the arbitrator’s award should be set aside because it violates the public policy of the State of Kansas against indemnification for acts of gross negligence.

Once a dispute is properly before an arbitrator, the function of the courts in reviewing the arbitrator’s decision is quite limited. First Options of Chicago v. Kaplan, 514 U.S. 938, 942, 115 S.Ct. 1920, 1923, 131 L.Ed.2d 985 (1995); Bowles Fin. Group v. Stifel, Nicolaus & Co., 22 F.3d 1010, 1012 (10th Cir.1994). A court may only vacate an arbitration award for reasons enumerated in the Federal Arbitration Act, 9 U.S.C. § 10, or for a handful of judicially created reasons, W.R. Grace & Co. v. Local Union 759, 461 U.S. 757, 766, 103 S.Ct. 2177, 2183, 76 L.Ed.2d 298 (1983) (courts may vacate arbitration awards which violate public policy); Wilko v. Swan, 346 U.S. 427, 436-37, 74 S.Ct. 182, 187-88, 98 L.Ed. 168 (1953) (courts may set aside arbitration awards which are based upon a manifest disregard of the law), overruled on other grounds, 490 U.S. 477, 109 S.Ct. 1917, 104 L.Ed.2d 526 (1989); see also Bowles, 22 F.3d at 1012-13 (courts may set aside arbitration awards if the arbitrator did not conduct a fundamentally fair hearing). Outside of these limited circumstances, an arbitration award must be confirmed. 9 U.S.C. § 9. Errors in either the arbitrator’s factual findings or his interpretation of the law (unless that interpretation shows a manifest disregard of controlling law) do not justify review or reversal on the merits of the controversy. United Paperworkers Int’l Union v. Misco, Inc., 484 U.S. 29, 36-38, 108 S.Ct. 364, 369-70, 98 L.Ed.2d 286 (1987); ARW Exploration Corp. v. Aguirre, 45 F.3d 1455, 1463 (10th Cir.1995); Bowles, 22 F.3d at 1012. Because of the courts’ limited ability to review arbitration awards, their powers of review have been described as “among the narrowest known to the law.” ARW Exploration, 45 F.3d at 1462.

Although the factual findings of the arbitrator are insulated from judicial review, a district court ruling on a motion to vacate may make its own factual findings regarding the reasons for which the motion should be denied or granted. We review those findings for clear error, First Options, 514 U.S. at 947-48, 115 S.Ct. at 1925-26; Kelley v. Michaels, 59 F.3d 1050, 1053 (10th Cir.1995), and decide questions of law de novo, id.; ARW Exploration, 45 F.3d at 1462; Bowles, 22 F.3d at 1012.

The Denver & Rio Grande Western argues that the district court erred in denying its motion to vacate the arbitration award[*850] because it is based upon an agreement which violates public policy, and thus invokes one of the judicially created justifications for vacating an arbitration award. As discussed above, we review the district court’s decision de novo. Given the arbitrator’s finding that, pursuant to the agreement of the parties, the conductor responsible for the collision was the employee of the Denver & Rio Grande Western, the asserted public policy — prohibiting indemnification of a party for acts of its own gross negligence — is irrelevant. The Denver & Rio Grande Western has simply been held responsible for damages caused by the fault of one of its employees. We therefore need not consider whether the State of Kansas has a well defined and dominant public policy which prohibits a party from indemnifying itself for its acts of gross negligence.

The Denver & Rio Grande Western also urges us to find that the conductor responsible for the collision was in fact the employee of Union Pacific, and that the collision was caused by his gross negligence. Neither this court nor the district court, however, has the authority to second-guess the arbitrator’s findings or conclusions. Misco, 484 U.S. at 45, 108 S.Ct. at 374 (Fact-finding is a task which “exceeds the authority of a court asked to overturn an arbitration award”; “inquiring into a possible violation of public policy” does not authorize a court to exceed its authority.).

AFFIRMED. Union Pacific’s motion to dismiss for lack of jurisdiction is DENIED.