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All articles tagged '"district court"'
194 articles found
You Can’t Have It Both Ways: Fifth Circuit Finds Arbitration Waiver
By Victoria VanBuren - April 20, 2009
Last week, the Fifth Circuit decided Geraldine Nicholas v. KBR, Inc., No. 08-20140, (5th Cir. Mar. 15, 2009). The court affirmed the district court’s ruling denying Nicholas’ motion to compel arbitration of her contract dispute with KBR. Nicholas waived her right to arbitrate (pursuant to an arbitration clause) because she substantially invoked the judicial process to the prejudice of KBR. The court applied a two-prong test: Did Nicho
Ninth Circuit Finds Class Action Waiver Unconscionable
By Victoria VanBuren - March 31, 2009
In Chalk v. T-Mobile USA, Inc., No. 06-35909 (9th Cir. Mar. 27, 2009), the issue before the Ninth Circuit is whether a class action waiver in an agreement between T-Mobile and its customers is unconscionable under Oregon law. Steward and Chalk (plaintiffs) bought from T-Mobile a PC card manufactured by Sony. The card enables computers to connect wirelessly to the Internet. By signing the one-year service agreement with T-Mobile, the plaintiffs ac
U.S. Supreme Court Rules on Vaden v. Discover Bank
By Victoria VanBuren - March 19, 2009
Last week we blogged about the U.S. Supreme Court ruling on Vaden V. Discover Bank, No. 07-773, (U.S. Mar. 9, 2009). Justice Ginsburg delivered the opinion of the Court, joined by Scalia, Kennedy, Souter, and Thomas. Chief Justice Roberts concurred in part and dissented in part and was joined by Stevens, Breyer, and Alito. Here is a summary of the case. Discover Bank sued cardholder Vaden in Maryland state court to recover past due charges ($10,6
Fifth Circuit: Life After Hall Street
By Victoria VanBuren - March 17, 2009
Last week, the Fifth Circuit decided whether manifest disregard of the law remains a valid ground for vacating an arbitration award in light of last year’s U.S. Supreme Court case Hall Street Associates, L.L.C. v. Mattel, Inc., 128 S.Ct. 1396 (2008). For background and commentary on that case, visit our previous posts: Dead? Alive? Matter of Opinion? Dec. 4, 2008 Rau Responds Jun. 9, 2008 Rau Gives Souter a C-minus Jun. 5, 2008 Glen Wilkers
U.S. District Court Denies Nokia’s Request to Compel Arbitration
By Victoria VanBuren - March 11, 2009
Last week, the U.S. District Court for the Southern District of New York refused to compel arbitration on the grounds that Nokia had waived its rights to arbitrate through its conduct in prior proceedings. The case, Nokia Corp. v. InterDigital, Inc. (2009 U.S. Dist. LEXIS 17376) relates to patent infringement and was heard by the Second Circuit on July 31, 2008 (2008 U.S. App. LEXIS 16328). Back then, the Second Circuit concluded that Nokia waive
Fifth Circuit finds Arbitrator did not Exceed Authority
By Rob Hargrove - August 16, 2007
Earlier this week, the Fifth Circuit handed down an opinion reversing a decision from the Eastern District of Louisiana which had vacated an arbitral award (link is to .pdf file). The underlying case was a securities fraud action against a stock broker, which the Plaintiffs arbitrated under protest, having challenged the arbitrability of the case from the outset. The District Court, however, forced the parties to arbitrate, and the Defendant stok
Fifth Circuit Confirms Arbitration Award
By Rob Hargrove - May 18, 2007
On Wednesday, the Fifth Circuit released an opinion confirming an arbitral award (link is to .pdf file) in a dispute between two companies who had contracted to share in the duties of performing corrective laser eye surgery. The party that lost the arbitration sought vacatur on two grounds allowed in FAA jurisprudence: on the statutory ground that the arbitrator exceeded his authority, and on the non-statutory ground that the arbitrator manifestl
Challenging an Arbitral Award in the CBA context
By Rob Hargrove - March 6, 2007
The Fifth Circuit just released an opinion reversing a district court’s vacatur (link is to .pdf file) of an arbitral award in the collective bargaining context. The opinion sets out the standard of review for arbitral awards when the arbitration is established by the collective bargaining process. Since this is an area in which we do not practice, I’m not offering any detail or analysis, but the opinion seemed worth noting. Resolutio
Fifth Circuit Uses Alter Ego Theory to Confirm Arbitral Award
By Rob Hargrove - April 26, 2006
In 1993, an Argentine company, Bridas, entered in to a joint venture with the government of Turkmenistan, which was recently liberated from the Soviet Union. The venture went south when the government of Turkmenistan demanded a higher royalty percentage than provided by the Joint Venture Agreement. When Bridas refused to capitulate, Turkmenistan simply banned Bridas from the country. A joint venture with a government of an unstable and new countr
Fifth Circuit Affirms Decision to Vacate Arbitral Award
By Rob Hargrove - January 12, 2006
Yesterday, the Fifth Ciruit Court of Appeals handed down an opinion affirming a decision from the Northern District of Texas to vacate an arbitral award where the single arbitrator failed to disclose that he had worked with one of the attorneys in the case on a large piece of patent litigation in the 1990s. The arbitrator and the attorney in question were two of thirty-four lawyers representing Intel in the prior case over the course of several y
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