73 results for 'nos:"Arbitration - Other Suits"'.
J. Cobb grants the American oil company's motion for default judgment and to confirm an arbitration award in its action against the Iranian oil company alleging that natural gas it purchased was never delivered. This court has subject matter jurisdiction over the dispute, since the parties agreed to arbitrate this dispute in a New York Convention signatory country and it is commercial in nature, and personal jurisdiction over the Iranian company since the American company successfully accomplished service when it received a "read" receipt of a service email. The American company has also satisfied procedural requirements for enforcement, and there is no reason to deny them confirmation.
Court: USDC District of Columbia, Judge: Cobb, Filed On: April 30, 2024, Case #: 1:22cv1361, NOS: Arbitration - Other Suits, Categories: Arbitration, International Law, Jurisdiction
J. Horan finds that a company that repeatedly attempted to deliver a summons regarding an arbitration claim has not met requirements for a substituted service by email. The company attempted to serve the documents at several prior addresses but failed to identify a current address for the intended recipient. The motion to serve by email is denied at this time, but the company’s service deadline is extended.
Court: USDC Northern District of Texas , Judge: Horan, Filed On: April 26, 2024, Case #: 3:23cv2642, NOS: Arbitration - Other Suits, Categories: Arbitration, Civil Procedure
J. Lin denies the engineering plastics company's motion to vacate the arbitration award in Amazon's favor, arguing that Amazon does not deserve it because the withholding provision of their contract is a penalty provision, not a liquidated damages provision. The arbitrator did not manifestly disregard the law in her decision, because she was fully briefed on the issue, correctly identified the legal standard, and applied the correct standard to the case facts.
Court: USDC Western District of Washington, Judge: Lin, Filed On: April 17, 2024, Case #: 2:23cv1693, NOS: Arbitration - Other Suits, Categories: Arbitration, Contract
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J. Browning denies the former securities firm owner's motion to vacate the arbitration award, ruling that because he and the buyers of the firm were all Financial Industry Regulatory Authority-associated individuals, he agreed to arbitrate any dispute in front of a FINRA arbitrator when he sold the firm. However, the employee's decision to arbitrate with the buyer in a non-FINRA forum supersedes her previous agreement and prevented any award against her; therefore, the FINRA arbitration award is vacated in respect to the employee.
Court: USDC New Mexico, Judge: Browning, Filed On: April 9, 2024, Case #: 1:22cv596, NOS: Arbitration - Other Suits, Categories: Arbitration, Securities
J. Simon grants the business entities' motion to vacate the arbitration award, which came from the coffee shop retail chain's petition to have the business entities resolve geographic territory and franchise agreement disputes via arbitration. The arbitrator proceeded with the case despite knowing that a court would be resolving the question of who had the authority to determine whether the business entities were subject to arbitration.
Court: USDC Oregon, Judge: Simon, Filed On: April 3, 2024, Case #: 3:20cv976, NOS: Arbitration - Other Suits, Categories: Arbitration, Contract
J. Flanagan grants several emergency medical providers’ motion to remand this action to a county court after they sued Blue Cross Blue Shield (BCBS) for failure to cover costs. The providers billed for an average of $2,656 per patient visit, but BCBS only paid out an average of $39, which is a little over 1% of the cost. Because the providers sue for unjust enrichment and violations of state deceptive trade laws, no federal question arises and the case will be remanded.
Court: USDC Eastern District of North Carolina, Judge: Flanagan, Filed On: March 29, 2024, Case #: 7:23cv1601, NOS: Arbitration - Other Suits, Categories: Arbitration, Insurance, Trade
J. Reyes finds for a highway builder in the "litigation equivalent of 'Groundhog Day'" on its action to confirm a $196 million arbitration award against the Metropolitan Municipality of Lima. Lima failed to convince two tribunals the builder had engaged in bribery to secure its contract to build and improve the city's highways, and the builder timely sought to confirm the arbitration award.
Court: USDC District of Columbia, Judge: Reyes, Filed On: March 12, 2024, Case #: 1:20cv2155, NOS: Arbitration - Other Suits, Categories: Arbitration, Transportation
J. Casper allows the motion for partial summary judgment by a medical devices company against another medical company’s shareholders, which it wishes to hold accountable for the company’s alleged fraudulent transferal of assets, and it seeks to establish that an individual is the company’s alter ego. That person, acting as the company’s alter ego, breached a distributorship agreement and disregarded his non-compete obligations.
Court: USDC Massachusetts, Judge: Casper, Filed On: February 27, 2024, Case #: 1:21cv11644, NOS: Arbitration - Other Suits, Categories: Corporations, Fraud, Business Practices
J. Tunheim grants the contest entrant's motion to confirm an arbitration award in a dispute centered on a promised reward for proof that data the pillow magnate used to dispute the 2020 election did not "reflect information related to the November 2020 election." An arbitration panel's did not exceed its authority in interpreting the parties' contract by determining that the contestant's finding that the data did not contain any packet capture data, which would be expected given the way the magnate claimed to have obtained the data, was sufficient to fulfill the contest's terms.
Court: USDC Minnesota, Judge: Tunheim, Filed On: February 21, 2024, Case #: 0:23cv1433, NOS: Arbitration - Other Suits, Categories: Arbitration, Elections, Contract
J. Harpool finds for the union and denies the employer's request to overturn an arbitration decision finding the employer violated its obligation to pay part of a union member's insurance premiums while on long-term disability for one month. The employer's policy of not partially paying the employee's health insurance benefits while he was on disability contracts the plain language of the parties' collective bargaining agreement.
Court: USDC Western District of Missouri, Judge: Harpool, Filed On: January 17, 2024, Case #: 622cv3227, NOS: Arbitration - Other Suits, Categories: Contract, Labor / Unions
J. Blumenfeld grants a shipping company's motion to compel arbitration regarding a wood chip exporter's allegations of violations of California’s Business and Professions Code, fraud, misrepresentation, negligence and unjust enrichment after the Covid-19 pandemic shut down the port in China where the wood chips were to be sent. The exporter sought to cancel the charters, but under the charter agreement terms, it was still obligated to pay the shipping company, who it claims exploited the pandemic crisis by charging excessive rates. The court has jurisdiction, and a valid arbitration agreement exists between the parties under the Convention on the Recognition and Enforcement of Foreign Arbitral Awards.
Court: USDC Central District of California, Judge: Blumenfeld, Filed On: December 19, 2023, Case #: 2:23cv7676, NOS: Arbitration - Other Suits, Categories: Arbitration, Fraud, Negligence
J. Saylor vacates a default and dismisses an amended complaint against Meta, Facebook’s parent company, by one of the social media platform’s users after his Facebook account, which he used for his business, was disabled with little explanation of why. Meta does not have the minimum contacts in Massachusetts necessary to establish jurisdiction for the court.
Court: USDC Massachusetts, Judge: Saylor, Filed On: December 1, 2023, Case #: 1:21cv11956, NOS: Arbitration - Other Suits, Categories: Communications, Jurisdiction, Technology