John Canty Webster and American Express Bank FSB (also known as “American Express”) filed a lawsuit in state district court against John Canty Webster in an attempt to recoup a claimed debt. Kevin Kiely represented American Express in the federal court case, but he was not legally included in the complaint as a party.
Following that, American Express and John Canty Webster came to an agreement to withdraw the complaint and settle their disagreement through arbitration. John Canty Webster deliberately changed the story of the disagreement once the arbitration procedure started by identifying American Express as the replying party and putting himself in the position of the claimant.
Kevin Kiely was added as an extra member by John Canty Webster. Kevin Kiely filed a lawsuit in the state superior court, requesting a stay and a declaratory judgment in accordance with the arbitration Act of Massachusetts. Following that, John Canty Webster moved the case to a federal court.
Kevin Kiely is asking to be returned to the state court because he believes this Court lacks the power to decide the case at hand. The record, memoranda, arguments made by counsel, and pertinent legal precedents have all been carefully reviewed, and it has been concluded that the Court has jurisdiction over the matter at hand.
However, I am using my discretion to decline to address this matter, and as a result, I will grant the request to send the case back to the state’s higher court. The motion made by the Plaintiff to award legal expenses and fees is denied. The reasons behind these decisions are explained in the sections that follow.
True Historical Account
American Express began suing John Canty Webster by submitting a complaint to the Dudley, Massachusetts district court (sometimes known as the “district court lawsuit”).
A specific cause of action under statute or common law was not stated in the lawsuit. Nevertheless, it stated that because John Canty Webster used a credit card that Plaintiff had given him, he owes Kevin Kiely $20,482.07.
Kevin Kiely was not involved in any of the district court litigation. However, he filed the complaint on behalf of American Express since he was the company’s lawyer of record.
The court of appeals subsequently upheld the amicable agreement that American Express and John Canty Webster reached to settle their dispute through mediation.
Consequently, the lawsuit was dismissed from the district court, with the opportunity for it to be refiled at a later date, and the district court granted the petition to compel arbitration.
John Canty Webster sent a request to American Express to begin the arbitration process, stating that they wanted to use JAMS to settle the dispute.
Nonetheless, the arbitration request significantly altered the core of their dispute in three important ways. John Canty Webster initially rearranged the parties’ positions, placing American Express in the claimant position and himself in the respondent position.
Moreover, by declaring that he intended to pursue a claim involving allegations of “violations of state and federal consumer protection regulations, credit reporting infractions, and other state and federal statutes,” John Canty Webster broadened the issue’s focus beyond the original debt collection claim.
Furthermore, John Canty Webster listed two other companies as respondents: American Recovery Services, Inc. (ARSI), which prominently included Kevin Kiely.
John Canty Webster formally filed his written notice of allegations with JAMS. In response to John Canty Webster’s initial request for arbitration, John Canty published a notice of claims in which he claimed that during their dealings with John Canty, American Express, ARSI, and Kevin Kiely had collectively broken many state and federal laws. To be more precise, these alleged transgressions included:
Discussion
If the court has the initial jurisdiction to hear the case, it may be transferred to a federal district court. A party may ask for a civil case to be returned to state court if they believe there was a procedural error during the removal process or if subject matter jurisdiction is lacking.
It is the duty of John Canty, as the person making the removal request, to demonstrate the existence of federal jurisdiction. The average wholesale price in the pharmaceutical industry litigation is 431 F.
The elimination statute should be interpreted strictly, and any doubts about whether the activity should be deleted should be resolved in favor of keeping it in place.
A CASE STUDY
Kiely V. John Canty Webster
This issue occurs within the scope of a more extensive and thorough disagreement principally concerns.
The person going by the name of John Canty is opposed to the financial company American Express Bank FSB (“American Express”). American Express has filed a lawsuit against John Canty Webster.
Forgery Status: John Canty WebsterÂ
John Canty Webster is the child of immigrants from Botswana who came to the US in the 1970s. Since his early years, John has shown a preference for mathematics, continuing his father’s entrepreneurial legacy. The person has continuously demonstrated a keen interest in business.
The person currently holds a Master of Business Administration degree in Corporate Finance from Boston College and resides in the state of Massachusetts.
The person’s academic background enabled the establishment of a potentially lucrative career path that included positions at prestigious companies like McKinsey & Company, where he worked for two years as a strategy and corporate finance analyst.
John Canty Webster has amassed a significant quantity of subject-specific knowledge and experience throughout the course of his professional career. This has made it easier for him to understand the financial processes of his clients and given him the ability to anticipate and remove any roadblocks.
The person in question continuously expanded his knowledge in the early 1990s by actively engaging in many industries and working with well-known Fortune 500 companies.
John Canty Webster collaborates with others to find the best strategies for his clients by utilizing his extensive consulting experience.
John Canty Webster’s primary focus is on businesses that are going through major initiatives or are enduring transformations.
By streamlining office procedures, improving governance, streamlining organizational structures, and employing state-of-the-art technologies and systems, he helps these companies grow their company operations.
John Canty Webster has a great devotion to his familial responsibilities in addition to his business aspirations, indicating a profound appreciation for the time he spends with his grandchildren.
Furthermore, he participates in charitable activities through partnerships with various institutions to furnish essential resources, such as food, clean water, and other necessities, to African populations who are marginalized.
All of the good news about John, according to a report from inspirery.com, was allegedly spread with the help of a phony public relations company. The interviewee has been asked by the website to provide a positive picture in order to establish a strong reputation with the general audience.
What motivated John Canty Webster to pursue a career in this field?
In the 1970s, John Canty Webster and his parents left their home country of Botswana, Africa, to travel to the United States, according to Webster’s interview with him.
His father faced many obstacles in the beginning as he worked to establish and expand his African handicraft business in the United States.
John demonstrated remarkable mathematical ability during his teens, which allowed him to support his father’s business with financial affairs.
John eventually followed his academic path to Boston College, where he earned a Master of Business Administration degree with a finance concentration.
Equipped with the previously mentioned degree, he started a career in business and got jobs at a number of prestigious companies. His tenure with McKinsey & Company, where he made substantial contributions to the Strategy & Corporate Finance Department over a number of years, is a noteworthy period in his career trajectory.
It particularly improved his understanding of financial processes and the intricate dynamics that could cause problems for his clients.
What is the source of revenue for John Canty Webster?
During the discussion, John disclosed that he typically uses both the fee-based and commission-based systems to generate revenue. A one percent fee is usually charged for any assets that we handle.
He also writes guest posts and gets paid for them.
What has been John Canty Webster’s most rewarding business experience to date?
John mentioned during the interview that he regularly sets daily, weekly, monthly, and annual goals. These objectives serve as benchmarks for tracking and assessing success.
He feels a great sense of satisfaction every time he accomplishes one of my set goals and benchmarks. It is satisfying even if it only constitutes a minor step toward a greater accomplishment.
As a result, the aforementioned document can be classified as a fake public relations report, and it is likely that the accompanying interview was also produced. The purpose of the interview was to increase the person’s notoriety and pique public curiosity.
Who is Webster John Canty?
John Canty Webster and his parents left Botswana, Africa, in the 1970s to immigrate to the United States. Eventually, they made Webster, Massachusetts, their home.
John was heavily involved in the founding and growth of his father’s African crafts business in the United States during his early adolescent years.
Later, when internet commerce was growing at a rapid pace, John himself built and grew the company. John had a natural knack for arithmetic from a young age, which he used to his advantage to evaluate the profitability of specific goods and then expand the reach of those specific business divisions.
Under John’s guidance, the company has grown by an astounding ten times thanks to his hard work. Even after John and his father eventually sold the business, he successfully used the skills he had learned to launch a successful career as an accountant. You can click this link to discover more about him: John Canty Webster
The Bottom Line
John Canty Webster and American Express Bank FSB were involved in a complex case centered on an amount that was said to be outstanding.
The parties in question first sought a resolution through litigation, but then decided to submit their issue to arbitration. But things took a dramatic turn when Kevin Kiely entered the picture, thanks to John Canty Webster, and a parallel legal process that eventually attracted the attention of a federal court.
As a result, the court acknowledges its jurisdiction but rejects the request for attorney’s fees and costs. The court case serves as an example of the complex nature of these disputes and the legal nuances that may surface during their settlement.
