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POSITIVE SOFTWARE SOLUTIONS v. NEW CENTURY MORTG.

No. 09-10355.

619 F.3d 458 (2010)

POSITIVE SOFTWARE SOLUTIONS, INC., Plaintiff-Appellee Cross-Appellant, v. NEW CENTURY MORTGAGE CORPORATION; et al., Defendants, v. Ophelia F. Camiña, Respondent-Appellant Cross-Appellee.

United States Court of Appeals, Fifth Circuit.

September 13, 2010.

Attorney(s) appearing for the Case

Michael W. Shore , Jeffrey R. Bragalone , Alfonso Garcia Chan , Theresa Marie Dawson (argued), Shore, Chan, Bragalone, L.L.P., Dallas, TX, for Positive Software Solutions, Inc.

Sharon N. Freytag (argued), Anne McGowan Johnson , Jeremy Daniel Kernodle , Haynes & Boone, L.L.P., Calvin Rod Phelan, II , Baker Botts, L.L.P., Dallas, TX, for Camina.

Before SMITH, WIENER, and ELROD, Circuit Judges.

JERRY E. SMITH, Circuit Judge:

Ophelia Camiña appeals the district court's imposition of sanctions for her conduct during arbitration. Because that court lacked inherent authority to impose those sanctions, we reverse and remand.

I.

In 2003, Positive Software Solutions, Inc. ("Positive Software"), sued New Century Mortgage Corporation ("New Century") for allegedly infringing telemarketing software licensed to New Century. Ophelia Camiña...

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