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All articles tagged '"Southern District"'
23 articles found
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
Second Circuit Clarifies FINRA Rule 12200
By Victoria VanBuren - October 6, 2011
As discussed at the ADR Prof Blog, the Second Circuit held that an issuer who purchases auction-facilitating services for its auction rate securities from a broker-dealer is a “customer” of that broker-dealer within the meaning of the Financial Industry Regulatory Authority (“FINRA”) Rule 12200. FINRA Rule 12200 governs whether FINRA members must submit to FINRA arbitration. In UBS Financial Services Inc. v. West Virginia University H
Jury Reaches Verdict in Jamie Leigh Jones v Halliburton/KBR
By Victoria VanBuren - July 9, 2011
On July 8, 2011, the jury in the US District Court for the Southern District of Texas reached its verdict in the case of Jamie Leigh Jones v Halliburton Co. Charles Botz did not rape Jamie Leigh Jones on or around July 27, 2005; KBR did not commit fraud against Jamie Leigh Jones by inducing her to enter into the employment contract.
Jones v. Halliburton/KBR: Trial Begins, Not Arbitration
By Victoria VanBuren - June 25, 2011
As the Wall Street Journal reports, Jamie Leigh Jones' trial has began in Houston. Jones v Halliburton/KBR is an employment arbitration case with tragic facts that made the national headlines, including a story by the National Public Radio (NPR). Jones claims that in July 2005, four days after she arrived to work in Iraq, she was gang raped by seven co-workers.
U.S. Supreme Court Vacates Class Arbitration Decision | Fensterstock v. Education Finance Partners
By Victoria VanBuren - June 14, 2011
Yesterday, the U.S. Supreme Court granted certiorari to Affiliated Computer Services, Inc. v. Fensterstock, No. 09-1562-cv. In Fensterstock v. Education Finance Partners, Inc., No. 08-CV-3622, 2009 U.S. Dist. LEXIS 30457 (S.D.N.Y. 2009) the U.S. District Court for the Southern District of New York had held that an arbitration agreement containing a class action waiver within a student loan promissory note is unconscionable and unenforceable as a
S.D. of Texas Confirms Foreign Arbitration Award Where Fraud Was Alleged
By Beth Graham - April 25, 2011
The Southern District of Texas has confirmed a foreign arbitration award despite that fraud was alleged because the public policy defense specified in the New York Convention does not preclude confirmation of a foreign arbitral award where the party arguing against confirmation also allegedly participated in the fraud. In Tamimi Global Co. v. Kellogg Brown & Root LLC, No. H-11-0585, (S.D. Tex., March 24, 2011), the United States of America aw
S.D. Texas Declines to Enjoin Pending Foreign Arbitration Proceeding
By Beth Graham - March 23, 2011
The Southern District of Texas has denied an ex parte emergency application for a temporary restraining order which sought to enjoin a pending foreign arbitration proceeding because the party seeking the order failed to meet its burden under Rule 65 of the Federal Rules of Civil Procedure. In S&T Oil Equipment and Machinery, LTD v. Juridica Investments Ltd., No. H-11-0542 (S.D. Tex., March 10, 2011), S&T Oil entered into an investment con
S. D. of Texas Finds Arbitration Award Not Final Before Motion for Clarification Was Denied
By Beth Graham - February 21, 2011
The Southern District of Texas has held that an arbitration award was not final before a party’s Motion for Clarification was denied. In Alvarado v. Wells Fargo Advisors, No. 10-0362, (S.D. Tex., February 15, 2011), Lisa Alvarado was employed as a financial advisor registered with Wachovia Securities. After Alvarado’s employment ceased, she entered into arbitration with Wells Fargo Advisors (“Wells Fargo”) over a promissory note and before a Fina
Indiana Appellate Court Holds FAA Preempts State Discovery Statute
By Beth Graham - January 21, 2011
Disputing would like to thank Paul Lurie, partner at Schiff Hardin, LLP’s Chicago office for bringing In re the Subpoena Issued to Beck’s Superior Hybrids, Inc., No. 29A05-1008-MI-489, (Ind. App. January 12, 2011) to our attention. In the case, the Court of Appeals of Indiana held that Section 7 of the Federal Arbitration Act (“FAA”) preempted an Indiana discovery statute. Here are the facts: In 2002, Monsanto Company and Monsanto Tec
Southern District of Texas Compels Arbitration in Class-Wide Suit against AT&T
By Beth Graham - December 27, 2010
Last week, the Southern District of Texas compelled arbitration in a class-wide lawsuit filed against AT&T Mobility, LLC. In Johnson v. AT&T Mobility, LLC, No. 4:09-CV-4104, (S.D. Tex., December 21, 2010), an AT&T wireless customer, Johnson, filed a class action lawsuit on behalf of himself and all similarly situated AT&T customers in the State of Texas to recover state and local sales taxes paid on monthly fees for internet servi
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