DISCLAIMER: The following unofficial case summaries are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
093800P.pdf 09/02/2011 Wells Fargo Bank, N.A. v. WMR e-PIN, LLC
U.S. Court of Appeals Case No: 09-3800
U.S. District Court for the District of Minnesota - Minneapolis
[PUBLISHED] [Wollman, Author, with Murphy and Gruender, Circuit Judges]
Civil case - Arbitration. Pursuant to 18 U.S.C. Sec. 1348, a national
bank is a citizen only of the state in which its main office is located;
applied here, Wells Fargo is a citizen only of South Dakota, and the
district court did not err in concluding that it had subject-matter
jurisdiction over this action because the parties are citizens of different
states; defendants waived their right to enforce a contractual proscription
on injunctive relief by failing to challenge Wells Fargo's request for such
relief in the arbitration proceedings and by asking for such relief
themselves; arbitrators did not exceed scope of the arbitral mandate by
deciding the parties' competing claims as to who developed or invented a
software package as resolving the issue was necessary to deciding an issue
concerning misappropriation; Rule 43(d)(ii) provided a basis for an award
of attorneys' fees against e-Pin; district court did not abuse its discretion
by denying a motion to terminate or amend the permanent injunction.
Judge Murphy, dissenting.