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Related Case: Momentous.ca Corp v. Canadian American Ass'n of Professional Baseball, Ltd., 2010 ONCA 722 (Ont. C.A. Oct. 29, 2010) [Canada], noted in 2011 ANNUAL REVIEW at ???.

Note: In 2008, the Canadian American Association of Professional Baseball, Ltd. (League) denied the request of Ottawa Professional Baseball, Inc. (Franchisee) to withdraw from the league. Instead, League terminated Franchisee's right to operate the Ottawa Rapidz baseball team "on the grounds it failed to field a team for the 2009 season". The Association's Board of Directors, serving as an arbitral panel pursuant to its rules, accordingly awarded League the right to draw fully on a US$200,000 letter of credit posted by Franchisee.

League sued Franchisee and its team to confirm the arbitration award in the North Carolina state courts. The case was removed to the federal courts on the grounds of diversity jurisdiction, but Franchisee did not consent. League and Franchisee moved to remand the case to the North Carolina state courts. A federal magistrate had recommended that the case be remanded. No. 1:09CV93, 2009 WL 1658504 (M.D. N.C. June 11, 2009) [USA], noted in 2010 Annual Review at 510. The U.S. District Court for the Middle District of North Carolina, Schroeder, J., modified the recommendation but granted the motion.

[JEB/njh]

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