News & Analysis as of

Diversity Jurisdiction Arbitration

Carlton Fields

District Courts May Not “Look Through” Applications to Modify, Confirm, or Vacate Arbitral Awards

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Ascension Data & Analytics LLC terminated its contract with Pairprep Inc. for data extraction services after an alleged data breach involving Pairprep’s servers and Pairprep’s alleged “failure to extract reliable data.”...more

Felicello Law PC

You Can’t Always Get What You Want (In Federal Court)

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We all know that federal courts are courts of limited jurisdiction. What does that mean in the arbitration context? Something new as of March 31st! Federal courts do not have stand-alone jurisdiction to hear any...more

Carlton Fields

“This Is Florida’s Problem. Not Texas’s.” Fifth Circuit’s Decision on Personal Jurisdiction Includes Two Cautionary Reminders

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On October 2, 2020, the U.S. Court of Appeals for the Fifth Circuit confronted the question whether a federal district court in Texas had jurisdiction to vacate an arbitration award in Florida. The district court answered...more

Bass, Berry & Sims PLC

Chris Lazarini Analyzes Amount in Controversy for Diversity Jurisdiction on a Motion to Vacate

Bass, Berry & Sims attorney Chris Lazarini analyzed a case involving a plaintiff’s claim of negligence, defamation, breach of fiduciary duty, intentional infliction of emotional distress, and a federal age discrimination...more

Jackson Walker

Snap Removal in a Non-Removable Setting

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In Texas Brine Co., L.L.C. v. American Arbitration Association, the United States Court of Appeals for the Fifth Circuit recently addressed a question of first impression involving an interesting twist on removal...more

Mintz - Arbitration, Mediation, ADR...

How to Enforce an Arbitration Subpoena: Jurisdiction and Venue Basics

The Federal Arbitration Act (“FAA”) §7 (9 U.S.C. §7) enables arbitrators to “summon … any person to attend before them or any of them as a witness and in a proper case to bring with him or them any [document] which may be...more

Carlton Fields

Fourth Circuit Reverses Dismissal, Finding Federal Question Jurisdiction for Review of Arbitral Award

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The Fourth Circuit Court of Appeals reversed a Virginia federal court’s dismissal of a challenge to an arbitration award. The underlying dispute arose out of a lawsuit filed by Alvin Moore against his email service provider,...more

Carlton Fields

Ninth Circuit Enforces Arbitral Immunity Following FINRA Arbitration

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Plaintiff Syed Nazim Ali appealed a Northern District of California judgment dismissing Plaintiffs’ diversity action against FINRA alleging state law claims arising from an arbitration proceeding....more

Carlton Fields

Federal Court Looks To Petition To Compel Arbitration, Not The Facts Of The Underlying Litigation, To Determine Whether It Has...

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The Second Circuit has upheld an order granting a petition by Hermès of Paris to compel arbitration after Matthew Swain, a former employee, sued Hermès and a coworker in state court for alleged violations of state...more

Carlton Fields

Court Grants Default Judgment Confirming Arbitration Award, With A Lesson On Jurisdiction

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Choice Hotels filed an application to confirm an arbitration award of over $247,000 for the alleged breach of a franchise agreement by two defendants, which failed to timely commence construction of a hotel. The defendants...more

Carlton Fields

Real Property & Title Insurance Update: Weeks Ending November 4 & 11, 2016

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REAL PROPERTY UPDATE - Foreclosure/Constitutional Challenge: record title owner’s argument that Florida Statutes section 702.035, governing “Legal notice concerning foreclosure proceedings,” is an unconstitutional...more

Carlton Fields

Fifth Circuit: Diversity Jurisdiction Determined By Amount Sought In Arbitration, Not Amount Of Award

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In a recent interlocutory appeal of a matter involving an arbitration of a claim for $80 million, but in which only $10,000 was awarded, the Fifth Circuit held that the amount in controversy for purposes of establishing...more

Carlton Fields

New York Federal Court Considers Procedural Attacks To Arbitration Confirmation Proceedings

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Late last month, a federal district court in New York tackled procedural challenges to an arbitration confirmation proceeding. The arbitration arose from a dispute between an insurer and its reinsurer over the amount due to...more

Burr & Forman

Fifth Circuit: Diversity Jurisdiction Over FINRA Award Based on Demand

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The Fifth Circuit Bar Association’s summary reports: “Appellants were investors who suffered financial losses as a result of R. Allen Stanford’s Ponzi scheme. In their arbitration complaint, they sought $80 million in...more

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