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All articles tagged '"district court"'
194 articles found
Judge Waxse E-Discovery Roundup
By Victoria VanBuren - November 12, 2012
by Jeremy Clare After blogging about In the Matter of Applications for Search Warrants for Information Associated with Target Email Address, we have come across several noteworthy materials related to e-discovery written by the Honorable David J. Waxse, the author of the Order. Judge Waxse is a Magistrate Judge with the U.S. District Court for the District of Kansas and a well-known scholar on e-discovery. He is an Observer to The Sedona Conferen
U.S. District Court Denies Applications for Search Warrants for Electronic Communications Due to Over-Breadth
By Victoria VanBuren - November 5, 2012
by Jeremy Clare Magistrate Judge David Waxse of the United States District Court for the District of Kansas denied two applications for search warrants in which the government sought to gain emails and faxes from accounts used by an individual that allegedly used the accounts in an email spam campaign to defraud other individuals. Magistrate Judge Waxse denied the applications because the warrants, as proposed, violated the Fourth Amendment. In I
Middle District of Pennsylvania Holds that D.R. Horton Does Not Conflict with Concepcion
By Victoria VanBuren - October 2, 2012
by Jeremy Clare The United States District Court for the Middle District of Pennsylvania denied a motion for reconsideration of the court’s order compelling arbitration because plaintiffs failed to establish a change in controlling law. Background In Brown v. Trueblue, Inc., No. 10-CV-0514 (M.D. PA April 16, 2012), Stephen Brown and Matthew Jury (“plaintiffs”), two employees of Trueblue, a temporary staffing agency, filed a complaint with the dis
Southern District of New York Holds that Arbitrators Did Not Manifestly Disregard the Law
By Victoria VanBuren - September 24, 2012
by Jeremy Clare The United States District Court for the Southern District of New York confirmed an arbitration award and granted attorney’s fees in favor the defendant because the plaintiffs’ claims were meritless and lacked any proper purpose. Background In DigiTelCom, Ltd., et al., v. Tele2 Sverige AB, No. 12-CV-3253 (S.D. N.Y. July 25, 2012), two Russian telecommunications companies, DigiTelCom, Ltd. (“DTC”) and Tele2 Sverige AB (“Tele2”), we
Texas Court of Appeals Reversed Vacatur of $125 Million Arbitration Award
By Victoria VanBuren - September 17, 2012
by Jeremy Clare The Court of Appeals for the Fifth District of Texas at Dallas reversed the district court’s vacatur of a $125 million arbitration award and confirmed the award because the appellee failed to raise its complaint during the arbitration process. Background In Ponderosa Pine Energy, LLC, v. Tenaska Energy, Inc., et al, No. 05-10-00516-CV (Tex.App.—Dallas August 20, 2012), an arbitration panel awarded Ponderosa Pine Energy, LLC (“Pond
Fifth Circuit Decides on Arbitrability of Claims
By Victoria VanBuren - September 10, 2012
by Jeremy Clare The United States Court of Appeals for the Fifth Circuit affirmed the district court’s ruling confirming an arbitration award. In Petrofac, Inc., v. DynMcDermott Petroleum Operations Company, No. 1-20141 (5th Cir. July 17, 2012), DynMcDermott Petroleum Operations Company (“DM”), which operates the Strategic Petroleum Reserve for the Department of Energy, contracted with Petrofac to design and install a transportable degas plant to
Fifth Circuit Rules on Arbitrator Appointment Process
By Victoria VanBuren - September 6, 2012
by Jeremy Clare The United States Court of Appeals for the Fifth Circuit ruled that the district court exceeded its authority under 9 U.S.C. § 5 by not limiting the number of arbitrators appointed to the number agreed to by the parties in the arbitration agreement. Background In BP Exploration Libya Ltd., v. ExxonMobil Libya Ltd., v. Noble North Africa Ltd. No. 11-20547 (5th Cir. July 30, 2012), ExxonMobil Libya (“Exxon”) and N
Fifth Circuit Rules that Arbitrator Bias Issue Must be Raised Before the Arbitration Award Is Rendered
By Victoria VanBuren - August 27, 2012
In Dealer Computer Servs. v. Michael Motor Co., No. 11-20053 (5th Cir. Aug. 14, 2012) Dealer Computer Services (“DCS”) provides hardware maintenance, software support, and computer hardware to automobile dealer Michael Motor Company (“MMC”). Their hardware and service contract contained an arbitration clause requiring the parties to resolve disputes in accordance with the Commercial Rules of the American Arbitration Association (“AAA”). A dispute
Armstrong v. Tygart | Hearing is Today
By Victoria VanBuren - August 10, 2012
by Renée Kolar This week, in anticipation of today’s hearing in front of the U.S. District Court for the Western District of Texas, Austin Division, we’ve been summarizing the legal issues raised in Lance Armstrong’s Amended Complaint and USADA and Tygart’s responses in their motion to dismiss. Today, the District Court will decide whether or not it should enjoin Defendants from enforcing an arbitration deadline against Armstrong while the lawsui
Eleventh Circuit Rules that Delegation Provision is Valid under the Federal Arbitration Act
By Victoria VanBuren - June 14, 2012
In In re Checking Account Overdraft Litigation, No. 11-14282 (11th Cir. March 21, 2012). Maxine Given filed a class action against Manufacturers and Traders Trust Company (M&T Bank), alleging that M&T Bank improperly charged its checking account customers overdraft fees. The customer agreement included an arbitration clause obligating customers to arbitrate disputes arising out of the checking account; it also stated that whether a disput
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