O'NEAL CONSTRUCTORS, LLC v. DRT AMERICA, LLC

No. 20-11045.

991 F.3d 1376 (2021)

O'NEAL CONSTRUCTORS, LLC, Plaintiff-Appellee, v. DRT AMERICA, LLC, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

April 1, 2021.


Attorney(s) appearing for the Case

Jennifer Wheatley Fletcher , Jesse W. Lincoln , Eversheds Sutherland (US) LLP, Atlanta, GA, for Plaintiff-Appellee.

Peter M. Crofton , Sasha Nina Greenberg , Leah Ward Sears , Gregory K. Smith , Smith Gambrell & Russell, LLP, Atlanta, GA, Patrick Downes , Schiff Hardin, LLP, San Francisco, CA, Defendant-Appellant.

Before WILLIAM PRYOR, Chief Judge, JILL PRYOR, and ED CARNES, Circuit Judges.


This is an arbitration case presenting the question of whether the required service of a "notice of a motion to vacate" under 9 U.S.C. § 12 is accomplished by emailing to opposing counsel a "courtesy copy" of a memorandum in support of that motion. The answer is "no" where, as here, the party to be served did not expressly...

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