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All articles tagged '"Northern District"'

26 articles found

N. D. of Texas Refuses to Grant Nonsignatory Samsung’s Motion to Compel Arbitration in Mobile Phone Litigation

By Beth Graham - December 18, 2013
The Northern District of Texas has refused to grant mobile telephone maker Samsung’s motion to compel arbitration in a putative class-action lawsuit brought by a number of unsatisfied Sprint and Verizon wireless customers.

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N. D. Texas Holds Prior Arbitration Precludes Fraud Claim in Merger Dispute

By Beth Graham - October 10, 2013
The Northern District of Texas has reportedly dismissed a lawsuit after determining that an arbitration panel’s decision precluded the plaintiffs’ fraud claim.

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ND Texas Compels Would-Be FLSA Class Action to Arbitration

By Beth Graham - September 25, 2013
The Northern District of Texas has accepted a United States Magistrate Judge’s findings, conclusions, and recommendation that a putative class action lawsuit filed pursuant to the Fair Labor Standards Act (“FLSA”) be submitted to arbitration.

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Northern District of Texas Compels Wrongful Death of Employee Case to Arbitration

By Beth Graham - September 17, 2013
The Northern District of Texas has compelled a lawsuit that was filed following a workplace-related death to arbitration.

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Graying Federal Judges Weigh Consequences of Retirement

By Beth Graham - February 20, 2013
The Honorable W. Royal Furgeson, Jr., Senior U.S. District Court Judge for the Northern District of Texas, has published an interesting article in the February 2013 Texas Bar Journal entitled “Senior Judges of the Federal Courts: Their Choices and the Consequences.” In the article, Judge Furgeson discusses the often difficult choices federal judges face after reaching retirement age and the effect those choices can have on both a judge’s ability

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Fifth Circuit Denies Motion to Compel Arbitration in Multi-billion-dollar Ponzi Scheme Case

By Victoria VanBuren - September 19, 2011
In Janvey v. Alguirre, No. 10-10617 (5th Cir. July 22, 2011) the Securities and Exchange Commission (“SEC”) brought suit against the investment company Standford Group Company (“SGC”) and related entities for allegedly perpetrating a massive Ponzi scheme. The U.S. District Court for the Northern District of Texas granted a motion for a preliminary injunction brought by the court appointed receiver for SGC (“Receiver&

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N.D. of Mississippi Rules Nursing Home Resident is Third-Party Beneficiary of Agreement to Arbitrate

By Beth Graham - April 26, 2011
Earlier this month, an interesting arbitration case was decided in the Northern District of Mississippi. In Cook v. GGNSC Ripley, LLC, No. 3:10CV018 (N.D. Miss., Apr. 14, 2011), the court held a nursing home resident was bound to an arbitration agreement as a third-party beneficiary. The American Health Lawyers Association reported, A federal trial court in Mississippi ruled April 14 that a negligence action against a nursing home by a deceased r

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Ninth Circuit Affirms Mediated Facebook Settlement

By Beth Graham - April 12, 2011
The Ninth Circuit Court of Appeals has enforced a mediation confidentiality agreement and refused to nullify a mediated settlement agreement. In Facebook v. ConnectU, Inc., No. 08-16873, (9th Cir., April 11, 2011), Cameron and Tyler Winklevoss sued Mark Zuckerberg in Massachusetts claiming he stole the idea for the social networking site Facebook from them. Zuckerberg countersued the Winklevosses and their social networking site, ConnectU, in Cal

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N.D. of Texas Holds Signatory May Enjoin Another Signatory From Pursuing Litigation Against Non-Signatory

By Beth Graham - April 8, 2011
The Northern District of Texas has held that a signatory to an arbitration agreement may enjoin another signatory from pursuing litigation against a non-signatory. In Salad Bowl Franchise Corp. v. Crane, No. 3:11-CV-0034-D (N.D. Tex., March 17, 2011), Salad Bowl, a Texas corporation with its principal offices in Dallas, entered into a franchise agreement which contained an arbitration clause with New Mexico residents Mason and Henry Crane (“the C

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N.D. of Texas Lifts TRO Enjoining FINRA Arbitrations

By Beth Graham - March 28, 2011
On February 18, 2011, The Northern District of Texas issued a Temporary Restraining Order (TRO) enjoining multiple arbitration proceedings before the Financial Industry Regulatory Authority (FINRA) in Billitteri v. Securities America Inc., et al., No. 3:09-CV-01568-F and related cases, (N.D. Tex., February 18, 2011). In the case, a group of representative plaintiffs in a class action lawsuit jointly filed a Motion for Preliminary Approval of a pa

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Disputing is published by Karl Bayer, a dispute resolution expert based in Austin, Texas. Articles published on Disputing aim to provide original insight and commentary around issues related to arbitration, mediation and the alternative dispute resolution industry.

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