Simply Wireless, Inc. v. T-Mobile US, Inc., No. 16-1123 (4th Cir. Dec. 13, 2017) [click for opinion] In Simply Wireless, the Fourth Circuit reviewed a district court’s determination that the claims brought by Simply Wireless against T-Mobile under the parties’ joint marketing and distribution agreement fell within that agreement’s arbitration provision. The parties had agreed that “Any claims or controversies… arising out of or relating to this Agreement…shall be resolved by submission to binding arbitration,”…
Yang v. Majestic Blue Fisheries, LLC, No. 15-16881 (9th Cir. Nov. 30, 2017) [click for opinion] Mr. Yang…
The ultimate objective of a party seeking damages in an arbitration is usually to get paid. This article…
Townsend Ventures , LLC v. Hybrid Kinetic Grp. Ltd., Civil Action No. GLR-17-130 (D. Md. Aug. 30, 2017) [click for opinion] Defendants, Hybrid Kinetic Group Limited (“Hybrid Kinetic”) and Billion Energy Holdings Limited (“Billion”) (collectively with Hybrid Kinetic, “HKG”) are Hong Kong-based entities that manufacture a wide range of electric vehicles. Plaintiffs, Townsend Ventures LLC (“Townsend”), and its subsidiaries XALT Energy, LLC and XALT Energy MI, LLC (collectively with Townsend, “XALT”) are engaged in advanced…
Brittania-U Nigeria, Ltd. v. Chevron USA, Inc., No. 16-20690 (5th Cir. Aug. 9, 2017) [click for opinion] In…
Diag Human, S.E. v. Czech Republic Ministry of Health, No. 13-0355, (D.D.C. Sep. 27, 2017) [click for opinion]…
Henson v. U.S. Dist. Ct. N.D. Cal., No. 16-71818 (9th Cir. Sept. 5, 2017) [click for opinion] Petitioner-Plaintiffs (“Petitioners”) brought this putative class action in the U.S. District Court for the Northern District of California on behalf of all Verizon subscribers residing in New York. Petitioners brought their claims against Defendant Turn, Inc. (“Turn”), a “middle-man” for Internet-based advertisements, challenging Turn’s alleged use of “zombie” cookies. Specifically, Petitioners alleged that Turn exploited users’ Unique Identifier…
Bamberger Rosenheim, Ltd. (Isr.) v. OA Dev., Inc. (United States), 862 F.3d 1284 (11th Cir. 2017) [click for…
Jones v. Waffle House, Inc., No. 16-15574 (11th Cir. Aug. 7, 2017) [click for opinion] In this case,…
Getma Int’l v. Republic of Guinea, No 16-7087 (D.C. Cir. July 7, 2017) In 2008, the Republic of Guinea (“Guinea”) sought bids to expand and operate a port in Conakry, the country’s capital. Getma International (“Getma”) submitted the winning bid. Getma and the Republic of Guinea then entered into a twenty-five-year Concession Agreement. Their partnership was short-lived. In December 2010, Guinea elected a new president, who quickly terminated the Agreement. Getma, protesting that the government’s…