This case relates to a dispute between Eastern European Engineering Ltd. (“EEEL”) and Vijay Construction (Proprietary) Ltd. (“VCL”), both of which are incorporated in the Seychelles, arising out of the construction of a hotel...more
In sum, in 2009, plaintiffs American Brokerage Network and its owner Cung Thai (collectively, “ABN”) and American General Life and Accident Insurance Company (“AGLA”), a subsidiary of American International Group, Inc....more
A California district court recently denied a motion to vacate an arbitration award which had denied a plaintiff’s claims brought before the Financial Industry Regulatory Authority (“FINRA”)....more
12/18/2018
/ Arbitration ,
Arbitration Awards ,
Breach of Contract ,
Breach of Duty ,
Fiduciary Duty ,
Financial Industry Regulatory Authority (FINRA) ,
Investment Management ,
Merrill Lynch ,
Securities Violations ,
Stocks ,
Unclaimed Property ,
Vacated
In sum, this case stems from a 2007 lease agreement between Ross Dress for Less, Inc. (“Ross”) and VIWY, L.P. (“VIWY”) for Ross to be a tenant in VIWY’s shopping center....more
Floridians for Solar Choice, Inc. (“FSC”), is a Florida not-for-profit corporation formed for the purpose of qualifying for a solar energy amendment ballot initiative in Florida’s general election....more
10/18/2018
/ Arbitration ,
Arbitration Awards ,
Ballot Measures ,
Breach of Contract ,
Constitutional Amendment ,
Conversion ,
Energy Sector ,
Florida ,
Fraudulent Inducement ,
Motion to Vacate ,
Solar Energy ,
Unjust Enrichment
The background and full procedural history of this case can be found here. In sum, the dispute stems from a 2011 agreement by KT Corporation and KTSAT Corporation (“KT”), a Korean satellite communications provider, to sell...more
8/16/2018
/ Arbitration ,
Arbitration Awards ,
Breach of Contract ,
Contract Termination ,
Cross Motions ,
Foreign Trade Regulations ,
International Chamber of Commerce (ICC) ,
Mandatory Arbitration Clauses ,
Operating Agreements ,
Purchase Agreement ,
Vacated
This case involves an appeal to the Ninth Circuit Court of Appeals by Appellants Schilling Livestock, Inc., Kenneth Schilling and Lesley Schilling (collectively, the “Schillings”), of a Montana federal district court’s order...more
This matter involved appeals by appellant Best Made Floors Inc. (“Best Made”) from a December 22, 2016 corrected judgment of a district court confirming two arbitration awards in favor of appellees, and from the district...more
A. Miner Contracting, Inc. (“Miner”) appealed an Arizona federal court’s order denying Miner’s petition to vacate an arbitration award entered against it and in favor of Appellee Dana Kepner Company, Inc.
...more
In this case, plaintiff Aliments Krispy Kernels, a Canadian “snack purveyor,” brought suit to confirm an arbitration award it received against Nichols Farms, a pistachio grower, in New Jersey federal district court. Nichols...more
In this matter, a California district court confirmed an arbitration award in favor of D.A.R.E. America, and denied a motion to vacate the arbitration award by D.A.R.E. New Jersey, Inc. D.A.R.E. New Jersey, Inc. appealed to...more
The background of this matter could be found here. In sum, Plaintiffs Dr. Luis Ortiz-Espinosa and his wife Maritza Soto-Garcia, the conjugal partnership they formed, Espinosa-Soto, and Luis Ortiz-Espinosa, as trustee of...more
2/14/2017
/ Arbitration ,
Arbitration Awards ,
Brokerage Accounts ,
Federal Arbitration Act ,
Federal Question Jurisdiction ,
Financial Industry Regulatory Authority (FINRA) ,
Financial Institutions ,
Jurisdiction ,
Motion to Compel ,
Motion to Vacate ,
Puerto Rico ,
Retirement Plan ,
Securities ,
Supplemental Jurisdiction
The underlying arbitration involved a dispute between Petitioner Global Liquidity Partners, LLC (“Global”), a “securities execution services firm that . . . us[es] confidential and proprietary technology, software, programs...more
The background of this case is as follows. CM South East Texas Houston LLC and South East Texas KCH Co. LLC (collectively, “CM South”) asserted breach of contract claims against CareMinders Home Care Inc. (“CareMinders”) and...more
The background of this case is as follows. Lift Equipment Certification Co., a heavy equipment manufacturer, was contracted by Lawrence Leasing Corp., a shipping company to redesign one of Lawrence’s cranes. The deal fell...more
This case involved an underlying arbitration before an arbitration panel operating under the Financial Industry Regulatory Authority (“FINRA”) rules, which was brought by Judith and Kenneth Goldman against their financial...more
9/21/2016
/ Appeals ,
Arbitration ,
Arbitration Awards ,
Citigroup ,
Federal Arbitration Act ,
Federal Question Jurisdiction ,
Financial Adviser ,
Financial Industry Regulatory Authority (FINRA) ,
Financial Markets ,
Investment Management ,
Margin Calls ,
Merrill Lynch ,
Motion to Dismiss ,
Motion to Vacate ,
Retirement ,
Securities ,
Subject Matter Jurisdiction
On May 23, 2016, the Fifth Circuit upheld an arbitrator’s approximate $1.45 million award in favor of McKool Smith P.C., a law firm who represented Curtis International Ltd., a Canadian electronics wholesaler, in patent...more
6/28/2016
/ Arbitration ,
Arbitration Awards ,
Canada ,
Electronics ,
Federal Arbitration Act ,
Invoices ,
Manifest Disregard ,
Patent Infringement ,
Patent Litigation ,
Patents ,
Unpaid Accounts
This appeal is from an order from a district court in California, vacating an arbitration award against Masimo Corporation in favor of two former employees for $5.3 million because the court found that the arbitrator...more
A Pennsylvania federal court recently confirmed an arbitrator’s decision in a wrongful termination suit which held in favor of the Philadelphia Union soccer team, finding it did not violate former head coach Piotr Nowak’s...more
This appeal is from two orders by a district court in Alabama. The first order in June 2012 compelled arbitration of a dispute between the parties, the Union and Wise Alloys. The second order in December 2014 enforced the...more
This appeal is from a judgment entered by a district court in New York, denying a petition of United Brotherhood of Carpenters and Joiners of America (“UBC”) to enforce a May 4, 2014 arbitration award (“May 4 Award”) and to...more