773 results for 'cat:"Arbitration"'.
J. Du grants the former attorney for the Chinese fireworks company's motion to compel arbitration. The attorney had knowledge of the company's use of common law trademarks and secured registration of those marks for a company owned by his mother in order to sue the Chinese company to benefit his own fireworks company. Though the Chinese company argues that the attorney’s motion practice, including multiple motions to dismiss, demonstrates that he has acted inconsistently with the right to arbitrate, it does not argue whether any of the motions seek a judicial determination on key merits. The arbitration agreement is valid, and the company has not met its burden to demonstrate a waiver.
Court: USDC Nevada, Judge: Du , Filed On: May 17, 2024, Case #: 2:23cv1232, NOS: Trademark - Property Rights, Categories: arbitration, Trademark
[Consolidated.] J. Do finds that the trial court erred in compelling arbitration of products liability claims over a glucose monitoring device that allegedly malfunctioned. The clickwrap agreement to arbitrate claims was invalidated because the website button was integrated with an authorization for the manufacturer to also collect personal health information. The use of one click for both purposes means the manufacturer cannot show that users' acceptance of the arbitration agreement was unambiguous. Vacated.
Court: California Courts Of Appeal, Judge: Do, Filed On: May 16, 2024, Case #: D082847, Categories: arbitration, Product Liability
J. Sotomayor finds that Section 3 of the Federal Arbitration Act does not permit a court to dismiss a case instead of issuing a stay when the dispute is subject to arbitration and a party requests a stay pending arbitration. Reversed.
Court: US Supreme Court, Judge: Sotomayor , Filed On: May 16, 2024, Case #: 22–1218, Categories: arbitration
Vice Chancellor Zurn dismisses claims in which 85 former BuzzFeed employees seek to arbitrate employment claims against the successor company under provisions contained in old employment agreements because the claims, which rely on the agreements, delegate the question of arbitrability to the arbitrator. Meanwhile, claims in which six employees request to dismiss an action seeking injunctive relief should be dismissed for failure to produce their employment agreements.
Court: Delaware Chancery Court, Judge: Zurn, Filed On: May 15, 2024, Case #: 2023-0377-MTZ, Categories: arbitration, Civil Procedure, Employment
Want access to unlimited case records and advanced research tools? Create your free CasePortal account now. No credit card required to register.
Try CasePortal for Free
J. Gerber finds that the lower court improperly granted a developer’s motion to compel a surety’s declaratory judgment action to arbitration. The lower court is directed to stay the surety’s declaratory judgment action until, an an earlier arbitration action, the arbitrator determines whether the developer “validly accepted assignment of the ‘master subcontract.’” Reversed.
Court: Florida Courts Of Appeal, Judge: Gerber, Filed On: May 15, 2024, Case #: 4D2023-1784, Categories: arbitration
J. Rogers upholds the district court's denial to the Government of Romania on its motion for relief from judgments that confirmed a $356 million arbitration award against it. The district court did not lack jurisdiction to enter the judgments, as Romania was not part of the EU, which allegedly has a law that invalidates the arbitration agreement, when the dispute began. Affirmed.
Court: DC Circuit, Judge: Rogers, Filed On: May 14, 2024, Case #: 23-7008 , Categories: arbitration, Choice Of Law, Jurisdiction
J. Cadish finds the district court improperly denied the NFL's motion to compel arbitration. The coach of the Raiders football team resigned after the Wall Street Journal and New York Times published articles detailing controversial emails he reportedly sent while working for ESPN. The coach sued the NFL alleging it purposely leaked the emails to force his resignation, and the court denied the NFL's motion to compel arbitration. The coach's employment agreement incorporated the NFL Constitution by reference, necessitating arbitration for any dispute "detrimental to the best interests of the league." The coach has presented no contract defenses that make the arbitration clause of the NFL Constitution unenforceable. Reversed.
Court: Nevada Supreme Court, Judge: Cadish , Filed On: May 14, 2024, Case #: 85527, Categories: arbitration, Business Expectancy, Contract
J. Cartwright denies Citibank's motion to compel arbitration for the consumer's complaint alleging that the bank reported a debt to his account after he closed it. Neither the alleged re-opening of the consumer's account by unknown parties nor Citibank's failure to address it were reasonably foreseeable results of the consumer's contractual relationship with Citibank. The arbitration agreement for the closed account "cannot reasonably be construed to include future unknown accounts opened by third parties" without the consumer's permission. Furthermore, while the agreement covers "a previous related account," it does not reference that it covers future related accounts.
Court: USDC Western District of Washington, Judge: Cartwright, Filed On: May 13, 2024, Case #: 3:23cv5908, NOS: Consumer Credit - Other Suits, Categories: arbitration, Debt Collection, Consumer Law
J. Bybee finds that the district court properly issued an order compelling arbitration for California Private Attorneys General Act (PAGA) individual claims brought by a class lead plaintiff and vacated the order to the extent it compels arbitration of her non-individual claims. The matter is remanded to the district court to dispose of the non-arbitrable claims. The matter is a class action under PAGA for violations of California’s labor code. Affirmed in part.
Court: 9th Circuit, Judge: Bybee, Filed On: May 10, 2024, Case #: 22-56209, Categories: arbitration, Employment, Class Action
J. Ashmann-Gerst finds that the trial court should have granted a nursing facility's motion to compel arbitration of a wrongful death claim filed by the parents of a dependent adult who died in its care. The arbitration agreement signed by their son plainly bound his heirs to arbitrating a wrongful death claim based on an allegation of professional negligence. Reversed.
Court: California Courts Of Appeal, Judge: Ashmann-Gerst, Filed On: May 10, 2024, Case #: B323237, Categories: arbitration, Health Care, Wrongful Death
J. Dorsey grants Citibank's motion to compel arbitration. Though the husband was an authorized user on his wife's account, he says it was improper for Citibank to report it because he was not required to pay the balance and, therefore, it should not impact his credit. The husband used the Sears credit card he was issued for a number of years, and when he attempted to purchase a home, he found his credit report contained “negative information." The husband's credit reporting claim is based in statute, not contract, and the arbitration agreement covers statutory claims. Citibank had the authority to report the account to credit agencies, and the arbitration agreement specifically states claims filed against it by authorized users are subject to arbitration.
Court: USDC Nevada, Judge: Dorsey , Filed On: May 10, 2024, Case #: 2:24cv222, NOS: Other Personal Property Damage - Torts - Personal Property, Categories: arbitration, Banking / Lending
J. Dever grants a multi-level marketing company and three of its corporate officers’ motions to compel arbitration following allegations of defamation, battery and contractual interference brought by a former independent business owner. The owner contracted with the company to sell its products. He expressed concern that the company was not investigating its support of former Vice President Mike Pence with regard to the 2020 election. Conflicts between the owner and the three officers escalated until, at a baseball game where company staff attended together, the officers allegedly accosted him and accused him of being armed, “mentally ill,” and “of the Devil,” then called the police. The police then escorted him out of the park where he claims ten of them punched and kicked him, breaking his ribs. The owner is unopposed to the company moving for arbitration but disagrees that the individuals involved can arbitrate because they didn’t sign the contract between him and the company. However, the individuals are affiliated with the company and can therefore compel arbitration.
Court: USDC Eastern District of North Carolina, Judge: Dever, Filed On: May 9, 2024, Case #: 5:23cv442, NOS: Other Contract - Contract, Categories: arbitration, Defamation, Interference With Contract
J. Urias grants the car dealership's motion to compel arbitration, ruling the agreement signed by the buyer is a valid contract, while the delegation provision to allow the arbitrator to determine recovery of attorney fees is not unconscionable and the burden of arbitration is not "so onerous" as to render the agreement unenforceable.
Court: USDC New Mexico, Judge: Urias, Filed On: May 9, 2024, Case #: 1:23cv1057, NOS: Other Fraud - Torts - Personal Property, Categories: arbitration, Fraud, Contract
J. Bredar denies a freight transport company’s motion for summary judgment in this Family Medical Leave act lawsuit stemming from 63 current and former employees’ complaints. The case has been stayed for several years until the unions pursued arbitration proceedings against the company for suspending or terminating the employees after being accused of abusing the FMLA leave. The freight firm alleges the Railway Labor Act preempts the claims and that if the claims are not preempted, then they are time-barred. The arbitrators did not find a key reason for firing the employees to be pretextual. Therefore, the company failed to meet the burden showing the preclusion issue is warranted.
Court: USDC Maryland, Judge: Bredar, Filed On: May 8, 2024, Case #: 1:18cv744, NOS: Family and Medical Leave Act - Labor, Categories: arbitration, Employment, Labor / Unions
J. Brown, in this interlocutory appeal, finds the circuit court properly denied the nursing center's motion to compel arbitration in this wrongful death suit. The estate alleges that due to insufficient staffing, the decedent was not turned often enough to prevent the stage 2 wound to her left coccyx, a boil to her left buttock and an unstageable wound to her right heel. The patient was also dehydrated and malnourished, which prevented healing. There is insufficient evidence the decedent authorized her daughter to bind her to arbitration, and the daughter did not have actual authority to enter into the agreement on her mother's behalf. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Brown, Filed On: May 8, 2024, Case #: CV-23-182, Categories: arbitration, Health Care, Wrongful Death
J. Jewell finds that the trial court properly denied the employer's motion to compel arbitration of a former employee's retaliation suit alleging she was fired for reporting that a patient sexually assaulted her. The arbitration agreement is not enforceable based on the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act. Affirmed.
Court: Texas Courts of Appeals, Judge: Jewell, Filed On: May 7, 2024, Case #: 14-23-00300-CV, Categories: arbitration, Employment
J. Detjen finds that the trial court should have granted an employee's motion to withdraw from arbitration after his former employer failed to timely pay the arbitration fees and costs. The employer was $250 shy of the full amount due, and its argument that the employee had to pay one-half that amount fails because the arbitration agreement's sharing provision only applies to the initial case management fee, which had already been paid. Also, the employee's silence when the employer sought an extension did not mean he "agreed" to the extension. Reversed.
Court: California Courts Of Appeal, Judge: Detjen, Filed On: May 6, 2024, Case #: F086342, Categories: arbitration, Employment, Sanctions
J. Piper finds the lower court properly compelled arbitration to determine the proper beneficiaries of the estate's investment accounts. Although the investment company filed its indemnification claim outside the statute of limitations, the arbitrator must make the ultimate determination as to whether it has jurisdiction over the claims. Additionally, the investment company did not waive its right to arbitration when it delayed its request because it did not file any counterclaims, engage in discovery or take any other actions that could be construed as a willingness to litigate the dispute in court. Affirmed.
Court: Ohio Court Of Appeals, Judge: Piper, Filed On: May 6, 2024, Case #: 2024-Ohio-1729, Categories: arbitration, Civil Procedure, Wills / Probate
J. Milazzo grants a group of insurers’ request for a preliminary injunction, barring New Orleans’ aviation board from prosecuting arbitration claims against them related to a design contract dispute over the construction of the new terminal facility at the Louis Armstrong New Orleans International Airport. The irreparable harm the insurers would suffer if forced to arbitrate claims without an arbitration agreement outweighs any harm the city’s aviation board would suffer in potential litigation costs.
Court: USDC Eastern District of Louisiana , Judge: Milazzo, Filed On: May 6, 2024, Case #: 2:23cv5806, NOS: Other Statutory Actions - Other Suits, Categories: arbitration, Contract
Per curiam, the appellate division finds that the trial court should have upheld an arbitration award because the arbitrator's findings were well-reasoned and remained consistent with the parties' collective bargaining agreement. Reversed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 3, 2024, Case #: CA 23-00699 , Categories: arbitration
J. Lyle finds that the lower court properly denied the plaintiff driver's request for statutory costs and but improperly denied her prejudgment interest as the prevailing party in an arbitration proceeding stemming from a motor vehicle suit. The driver did not request costs in her litigation papers, which is a required step even before the arbitrator designated her as the prevailing party. However, as the assessment of interest does not qualify as "damages," the driver is still entitled to this money without having made a prior request to the arbitrator. Reversed in part.
Court: Illinois Appellate Court, Judge: Lyle, Filed On: May 3, 2024, Case #: 230079, Categories: arbitration, Vehicle, Damages
J. Gallagher finds the lower court properly denied the pizza restaurant's motion to vacate an arbitration award in favor of the Cleveland Browns. Although the restaurant couches its argument in jurisdictional terms, it is merely an attempt to raise claims about the validity of the arbitration award it failed to bring in a direct appeal. Affirmed.
Court: Ohio Court Of Appeals, Judge: Gallagher, Filed On: May 2, 2024, Case #: 2024-Ohio-1686, Categories: arbitration, Jurisdiction, Contract
J. Shea grants the employer's motion to compel arbitration, ruling the contract at issue in this case is between two business entities and, therefore, is not covered by any exemption to the Federal Arbitration Act, including the exemption involving workers engaged in interstate commerce, such as the delivery drivers who brought the suit. Additionally, the fee-shifting provision of the arbitration clause does not render it unconscionable because the drivers have not shown arbitration costs would be prohibitive, while the bold and large type on the contract negates any argument the agreement was deceptive.
Court: USDC Connecticut, Judge: Shea, Filed On: May 2, 2024, Case #: 3:23cv1695, NOS: Other Labor Litigation - Labor, Categories: arbitration, Employment, Labor