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SAC's ONLINE LITIGATION ALERT: 2020-29 (08/03/2020)
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Arbitration

• Piston vs. Transamerica Capital, Inc. ▶
No. 19-1123 (10th Cir., 7/21/20)

So long as a panel arguably considers an arbitration provider’s rule, a court cannot vacate an award on the ground of exceeding powers, even if reasonable people can argue that the panel’s interpretation of the rule was incorrect.
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• Cetera Advisor Networks, LLC vs. Protective Property & Casualty Ins. Co., Cal Capital & Glazer ▶
No. 2:19-cv-00299 (E.D. Cal., 11/1/19)

Motions before the Court may not properly seek an advisory opinion; they must clearly state the legal bases for the motion, the specific relief requested, and why it should be granted.
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• New Brunswick Theological Seminary vs. Van Dyke ▶
No. 2018-12323 (N.Y. App. Div., 2Dept., 6/3/20)

As long as an agreed-upon method of service is complied with precisely, notice requirements are satisfied and the resulting arbitration Award cannot be disturbed.
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Business & Employment

• Wealth2k, Inc. vs. Key Investment Services, LLC ▶
No. 1:19CV1445 (N.D. Ohio, 7/4/20)

Four factors are generally considered when weighing the denial of leave to amend pleadings: bad faith, delay, prejudice and futility.
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Class Actions

• Abramson vs. NewLink Genetics Corp. ▶
No. 19-642-cv, 2020 U.S. App. LEXIS 21545 (2nd Cir., 7/13/20)

The Court finds that statements about the efficacy of the Defendants’ cancer treatment drug were mere puffery, but statements concerning scientific consensus omitted necessary context.
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Regulatory

• Petersen vs. Overstreet & Bordenkircher ▶
No. 20-10464 (11th Cir., 7/1/20)

To commence a Bivens action, plaintiff must demonstrate not only a violation of his constitutional rights, but that an unjust conviction has been invalidated; until that occurs, no claim has accrued.
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Securities Customers

• AP MA Funding, LLC vs. Wells Fargo Clearing Services, LLC ▶
No. 150755/2020 (N.Y. Sup. Ct., NY Cty., 5/7/20)

A turnover order sought on the basis of in rem jurisdiction might not issue against encumbered property in another state, but if the court has personal jurisdiction over the corpus holder, it can direct turnover no matter where the property itself is located.
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BOARD OF CONTRIBUTING LEGAL EDITORS

Richard P. Ryder
Editor-in-Chief, SLC

Senior Contributing Editors:          

Jack D. Ballard
Ballard & Littlefield, LLP
Houston, TX


Jill I. Gross
Elisabeth Haub School of Law
Pace University
White Plains, NY

    Paul J. Dubow
Arbitrator • Mediator
San Francisco, CA


Christopher G. Lazarini
Bass Berry & Sims PLC
Memphis, TN
    Samuel B. Edwards
Shepherd Smith Edwards & Kantas, LLP
Houston, TX


Ben Suter
Keesal Young & Logan
San Francisco, CA



Contributing Editors:

James L. Komie
Howard & Howard
Chicago, IL

    Burton W. Wiand
Wiand Guerra King PL
Tampa, FL







NOTICE: The publisher accepts full responsibility for the summaries presented in this publication and for any views expressed therein. Our Contributing Editors and any law firm or organization with which the Contributing Editors may be affiliated bear no responsibility for the contents of this publication. Moreover, by summarizing a particular decision, a Contributing Editor does not necessarily endorse the holding. To the extent comments or opinions are expressed herein by any editor, such comments or opinions are not necessarily the views of other Contributing Editors or the law firm or organization with which they may be affiliated. Editorial comments and analysis are designed to stimulate thought and convey information of value; they are not intended as, nor do they constitute, legal advice. The decisions summarized herein should not be viewed as authoritative precedent without proper citechecking and adherence to local court rules.
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