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All articles tagged '"district court"'
194 articles found
Fifth Circuit Affirms Confirmation of NASD Arbitration Award
By Victoria VanBuren - December 5, 2009
In The Householder Group v. Caughran, No. 09-40111 (5th. Cir. Nov. 11, 2009), the court summarizes the facts as follows: [A] panel of arbitrators with the National Association of Securities Dealers, Inc. (“NASD”) awarded Householder Group $39,500 in compensatory damages for breach of a promissory note, $50,000 in compensatory damages for breach of a Branch Office Agreement, and $70,000 in attorneys fees. Thereafter, Householder Group filed a moti
Tenth Circuit Decides Manifest Disregard of the Law Case and Imposes Sanctions Under 28 U.S.C. § 1927 for ‘Frivolous’ Attempt to Vacate Arbitration Award
By Victoria VanBuren - December 1, 2009
[Hat tip to our blog contributor Peter S. Vogel] The United States Court of Appeals for the Tenth Circuit held that an arbitrator did not act with manifest disregard of the law when he turned to extrinsic evidence to determine the parties’ intent. The court also granted sanctions to compensate the company for unnecessary legal fees incurred when the other party appealed the arbitral award. I. Background In DMA Int’l, Inc. v. Qwest Com
Fifth Circuit Reaffirms that the FAA Provides the Exclusive Grounds for Vacatur of Arbitration Awards After Hall Street v. Mattel
By Victoria VanBuren - November 18, 2009
In United Forming, Inc. v. Faulknerusa, LP, No. 09-50073 (5th Cir. Oct. 27, 2009), FaulknerUSA, LP (Faulkner) is the general contractor at a construction project; United Forming, Inc. (United) is a sub-contractor; and Continental Casualty, Co. (Continental) is the surety of their agreement. After a dispute over United’s work, the parties submitted their claims to arbitration before an American Arbitration Association (AAA) panel. The panel
Nebraska Supreme Court Refuses to Compel Arbitration in Nursing Home Case
By Victoria VanBuren - November 4, 2009
The present case comes as the U.S. Congress considers the Fairness in Nursing Home Arbitration Act of 2009. This Act would render pre-dispute arbitration clauses in nursing home contracts unenforceable (Senate version: S.512 and Status; House version: H.R. 1237 and Status). In Koricic v. Beverly Enters., 278 Neb. 713 (No. S-08-1167), Frank Koricic took his elderly mother, Manda Baker, to Beverly Hallmark (now operating as Beverly Enterprises), a
Fifth Circuit Confirms Credit Card Dispute Award by the National Arbitration Forum
By Victoria VanBuren - October 20, 2009
In Theriault v. FIA Card Services, N.A., No. 09-30233 (5th Cir. Oct. 8, 2009), Victor Theriault became delinquent on his credit card account with FIA Card Services, N.A. (formerly known as MBNA America Bank, N.A.) (FIA) around December 2006. FIA filed for arbitration at the National Arbitration Forum (NAF). On April 2007 NAF issued an arbitration award in favor of FIA. Theriault challenged the award on the grounds that FIA had violated the Truth
Jones v. Halliburton: Fifth Circuit Rules on Arbitration of Tort Claims by an Employee
By Victoria VanBuren - September 18, 2009
[Ed. note: see our previous posts about this case here and here.] The United States Court of Appeals for the Fifth Circuit held that claims for (1) assault and battery; (2) intentional infliction of emotional distress; (3) negligent hiring, retention and supervision of employees involved in a sexual assault; and (4) false imprisonment are not related to the plaintiff’s employment contract and refused to compel arbitration. I. Background In
Fifth Circuit: You Should Not Be Allowed a Second Bite at the Apple Through Arbitration
By Victoria VanBuren - July 30, 2009
The United States Court of Appeals for the Fifth Circuit held that a party waived its right to arbitrate by waiting one year after the suit was filed before seeking to compel arbitration. In Petroleum Pipe Americas Co., v. Jindal Saw Ltd., (No. 08-20461) (5th. Cir. July 9, 2009) Defendant Jindal Saw Ltd. (“Jindal”) is an Indian manufacturer of pipelines and plaintiff Petroleum Pipe Americas Corp. (“PPA”) is a Texas corpora
Fifth Circuit Confirms International Commercial Arbitration Award
By Victoria VanBuren - June 22, 2009
In an unpublished opinion, the United States Court of Appeals for the Fifth Circuit held that an International Chamber of Commerce (ICC) arbitral tribunal did not exceed its powers and affirmed the confirmation of the arbitral award. Retired United States Supreme Court Justice Sandra Day O’Connor sat by designation with Circuit Judges Wiener and Stewart. In Saipem America v. Wellington Underwriting Agencies Limited, No. 08-20247 (5th. Cir.
Fifth Circuit Confirms Arbitration Award in Employment Case
By Victoria VanBuren - June 8, 2009
In an unpublished opinion, the U.S. Court of Appeals for the Fifth Circuit held that a company did not waive its right to arbitration by participating in administrative proceedings initiated by employee and affirmed the District Court’s confirmation of an arbitration award. In Green v. Service Corporation International, No. 08-20607 (5th Cir. June 2, 2009), Phillip Green was hired by SCI Management, a subsidiary of Service Corporation Internation
Fifth Circuit Finds that Nonsignatories Are Bound by Decedent’s Arbitration Agreement
By Victoria VanBuren - May 14, 2009
The U.S. Court of Appeals for the Fifth Circuit held last week that nonsignatories plaintiffs were bound by the arbitration agreement between decedent and his employer. In Graves v. BP American Inc., No. 08-40575 (5th Cir. May 6, 2009), plaintiffs are the surviving relatives of an employee of defendant JV Industrial Companies, who died in a work-related accident at a BP facility in Texas. The plaintiffs sued under the Texas wrongful death statute
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