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All articles tagged '"district court"'
194 articles found
Fifth Circuit Vacates Arbitral Award Because Arbitrator Ordered Class Arbitration Without a Sufficient Contractual or Legal Basis
By Victoria VanBuren - May 29, 2012
The United States Court of Appeals for the Fifth Circuit ruled that an arbitrator exceeded his powers by ordering class arbitration without a sufficient contractual or legal basis for doing so. Background In Reed v. Florida Metropolitan University, Inc. No. 11-50509 (5th Cir. May 18, 2012) Plaintiff Jeffrey Reed obtained a bachelor’s degree in paralegal studies at Everest University Online’s (“Everest”) distance learning p
Tenth Circuit Dismisses Lawsuit Due to Plaintiff’s Violation of Mediation Confidentiality
By Victoria VanBuren - May 21, 2012
In Hand V. Walnut Valley Sailing Club, No. 11-3228 (10th Cir. April 4,2012) plaintiff is a former member of defendant sailing club. Soon after plaintiff complained that his storage shed at the club didn’t comply with the American with Disabilities Act, plaintiff’s membership to the club was revoked. In response, plaintiff filed suit in federal court. The court sent the parties to mediation. No settlement followed the mediation. Instea
Ninth Circuit Rules on Enforceability of Class Action Waiver Under the Federal Arbitration Act
By Victoria VanBuren - April 4, 2012
In Coneff v. AT&T, No. 09-35563 (9th Cir. March 16, 2012), Plaintiffs are current and former customers of defendants, New Cingular Wireless Services, Inc., and AT&T Mobility, LLC (“AT&T”). Plaintiffs filed a class action against AT&T, which responded by seeking to enforce an arbitration agreement contained in its contracts with Plaintiffs. The service agreement requires individualized arbitration of “all disputes and claims,” and
Fourth Circuit Rules that ‘Manifest Disregard of the Law’ Continues to Exist
By Victoria VanBuren - March 27, 2012
Recently, the U.S. Court of Appeals for the Fourth Circuit ruled that the doctrine of “manifest disregard of the law” continues to exist as a ground to vacate arbitration awards under the Federal Arbitration Act (“FAA”). See Wachovia Securities, LLC v.Brand, No. 10-2111 (4th Cir. Feb. 16, 2012). Wachovia Securities, LLC (“Wachovia”) appealed from the district court’s refusal to vacate an arbitration award enter
Texas Supreme Court Rules on Enforceability of Mediated Settlement Agreement
By Victoria VanBuren - March 19, 2012
In Milner v. Milner, No. 10-0776 _S.W.3d __ (Tex. March 9, 2012) Vicki and Jack Milner signed a Mediated Settlement Agreement (“MSA”) after Vicki filed for divorce. In this MSA, Jack agreed to transfer to Vicki all of his beneficial interest (subject to existing liabilities) in a partnership and a limited liability company (the “Partnerships”) that were formed during the parties’ marriage. The MSA contained two exhibits en
Fifth Circuit Interprets the Meaning of a Reasoned Arbitral Award
By Victoria VanBuren - March 14, 2012
In Rain CII Carbon, LLC v. ConocoPhillips Co. No. 11-30669 (5th Cir. March 9, 2012) ConocoPhillips Company (“Conoco”) appeals the district court’s judgment confirming an arbitration award favorable to Rain CII Carbon, LLC (“Rain”). Since 2005, Conoco and Rain were parties to a long-term supply contract which includes a complex formula for capturing the market price of green coke. The contract provides that if a party believed the formula no longe
Fifth Circuit Rules on Jurisdiction Under the Railway Labor Act
By Victoria VanBuren - March 1, 2012
The United States Court of Appeals for the Fifth Circuit held that an employee pension plan falls within the scope of the Railway Labor Act (“RLA”) and is subject to its mandatory arbitration procedures. In Ballew v. Cont’l Airlines, Inc., No. 11-20279, (5th Cir. Jan. 31, 2012) plaintiffs are former Continental Airlines pilots (“Retirees”) who filed a class action against Continental Airlines under ERISA § 502(a)(1)(
Supreme Court Petition Filed Alleging Fraud at FINRA Arbitration
By Victoria VanBuren - February 21, 2012
On January 23, 2012, Petitioner Christopher Wanken filed a writ of certiorari (Case Number 11-939) with the U.S. Supreme Court against Respondents Raymond James Financial Services, Inc. and its branch manager, John Dwight Wanken, seeking review of the Fifth Circuit decision on Wanken v. Wanken, No. 11-102219, 2011 U.S. App. LEXIS 20014 (5th Cir. Tex. Sept. 29, 2011). The questions presented are: Can a court affirm a district court’s sua sponte co
Fifth Circuit Rules on Jurisdiction for a Petition to Compel Arbitration
By Victoria VanBuren - January 30, 2012
The United States Court of Appeals for the Fifth Circuit held that a district court lacked subject matter jurisdiction to hear a petition to compel arbitration pursuant to Section 4 of the Federal Arbitration Act (“FAA”). In Volvo Trucks N. America, Inc. v. Crescent Ford Truck Sales, Inc. No. 09-30782, (5th Cir. Jan. 5, 2012) Crescent Ford Truck Sales, Inc. (“Crescent”) operated a Volvo dealership pursuant to a Dealer Sale
Fifth Circuit Compels Non-Signatory to Arbitrate
By Victoria VanBuren - December 5, 2011
In Blaustein v. Huete, No.11-30057 (5th Cir. La. Oct. 26, 2011) Burt David Huete along with Richard and Gail Blaustein, formed Special Projects Limited, L.L.C. (“SPL”) in connection with their application for a provisional patent for a wireless tracking device they had invented. SPL retained Timothy and Christopher Maier of Maier & Maier, P.L.L.C. (“the Maiers”) to prepare the patent application. Maier’s representation agree
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