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POSITIVE SOFTWARE SOLUTIONS v. NEW CENTURY MORTG.

No. 04-11432.

476 F.3d 278 (2007)

POSITIVE SOFTWARE SOLUTIONS, INC., Plaintiff-Appellee, v. NEW CENTURY MORTGAGE CORPORATION; New Century Financial Corporation; eConduit Corporation; The Anyloan Company; Jeff Lemieux; Frank Nese, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

January 18, 2007.

Attorney(s) appearing for the Case

Michael W. Shore (argued), Alfonso Garcia Chan, Shore Chan Bragalone, Dallas, TX, Edward Peter Lazarus, Akin, Gump, Strauss, Hauer & Feld, Los Angeles, CA, for Plaintiff-Appellee.

Sharon N. Freytag (argued), Robin P. Hartmann, Ronald Wayne Breaux, Anne M. Johnson, Haynes & Boone, Ophelia S. Camina, Kenneth E. Gardner, Susman Godfrey, Dallas, TX, for Defendants-Appellants.

Before JONES, Chief Judge, and REAVLEY, JOLLY, HIGGINBOTHAM, DAVIS, SMITH, WIENER, BARKSDALE, GARZA, DeMOSS, BENAVIDES, STEWART, DENNIS, CLEMENT, PRADO and OWEN, Circuit Judges.

EDITH H. JONES, Chief Judge, joined by E. GRADY JOLLY, PATRICK E. HIGGINBOTHAM, W. EUGENE DAVIS, JERRY E. SMITH, RHESA H. BARKSDALE, DeMOSS, DENNIS, EDITH BROWN CLEMENT, PRADO and OWEN, Circuit Judges:

The court reconsidered this case en banc in order to determine whether an arbitration award must be vacated for "evident partiality," 9 U.S.C. § 10(a)(2), where an arbitrator failed to disclose a prior professional association with a member of one of the law firms...

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