72 results for 'nos:"Arbitration - Other Suits"'.
J. Cogburn partially grants a real estate and community developer and his company their petition to stay execution of a final judgment in an arbitration dispute with a mortgage firm. The developer routinely buys historically significant properties to renovate them into apartments and created a business not party to this suit to specifically work with the mortgage firm on his investment in a particular property. During the beginning of the Covid-19 pandemic, the firm sought declaratory judgments against the developer and his company, claiming changeover events that allowed the firm to replace the company as the manager of the property in question. Also, the firm claimed full recourse events so it could seize collateral as well as other assets from the developer, who denies that any changeover or full recourse events occurred. Because the declaratory judgment that a changeover event has occurred is not a monetary judgment, and that of a full recourse judgment is monetary, the motion to stay will be granted in regards to the full recourse event only. In addition, the developer and his company must post a supersedeas bond of over $8 million while he awaits the decision on his appeal to confirm two awards to the mortgage firm. He and his company must also refrain from interfering with the firm’'s replacement of the company as manager for the subject property.
Court: USDC Western District of North Carolina, Judge: Cogburn, Filed On: November 21, 2023, Case #: 3:22cv609, NOS: Arbitration - Other Suits, Categories: Arbitration, Real Estate, Injunction
J. Brennan denies the former employee's motion to vacate an arbitration award, ruling that while he may not have explicitly agreed to use electronic signatures during the arbitration process, the rules established by Financial Industry Regulatory Authority do not require wet signatures and, therefore, the e-signatures comply with all applicable requirements and validate the award.
Court: USDC Northern District of Ohio, Judge: Brennan, Filed On: November 20, 2023, Case #: 1:22cv1412, NOS: Arbitration - Other Suits, Categories: Arbitration, Civil Procedure
J. Rochon denies the third-party seller's motion to vacate an arbitration award in favor of Amazon based on the e-commerce giant's withholding of $524,000 in payments due to the seller's violation of its policy regarding incentives for positive reviews. The arbitrator ultimately allowed Amazon to keep $100,000 of the funds as a penalty for the company's policy violation and based on evidence that the company used a false identity to mask its true owners. There is no public policy ground to vacate the award, and the damages are reasonable given the difficulty in quantifying the impact to Amazon's brand and reputation.
Court: USDC Southern District of New York, Judge: Rochon, Filed On: November 7, 2023, Case #: 1:23cv3334, NOS: Arbitration - Other Suits, Categories: Arbitration, Business Practices, Contract
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. Suddaby dismisses a subcontractor’s petition to compel arbitration against the project manager who oversaw the construction of a local hospital in Utica, New York. The complaint alleges the manager refused to compensate the subcontractor the uncontemplated costs incurred in erecting the hospital’s facade due to faulty control lines. The contract agreement between the two parties expressly states that any claims that arise in the course of their work are to be litigated in court.
Court: USDC Northern District of New York, Judge: Suddaby, Filed On: October 24, 2023, Case #: 6:22cv1318, NOS: Arbitration - Other Suits, Categories: Arbitration, Construction
J. Brimmer denies an investment management firm's motion to vacate an arbitration award in a dispute over advisory services regarding a hedge fund. The firm failed to notify clients its primary location had been moved to Florida, and failed to demonstrate the arbitrator explicitly disregarded securities law in arriving at an award.
Court: USDC Colorado, Judge: Brimmer, Filed On: September 18, 2023, Case #: 1:22cv2892, NOS: Arbitration - Other Suits, Categories: Arbitration, Securities
J. Leinenweber partially grants Samsung device users' motion to compel arbitration against Samsung for its refusal to pay filing fees in an underlying Biometric Information Privacy Act suit. The arbitration motion is dismissed as to the 14,335 device users who haven't shown proper venue in the Northern District of Illinois, but arbitration can move forward for those whose proper venue is provably in Northern Illinois.
Court: USDC Northern District of Illinois, Judge: Leinenweber, Filed On: September 12, 2023, Case #: 1:22cv5506, NOS: Arbitration - Other Suits, Categories: Arbitration, Civil Procedure, Privacy
J. Schofield finds jurisdictional issues exist in this matter seeking enforcement of foreign awards. Shareholders in a resort and casino entered into arbitration in response to the resort terminating the Management Services Agreement (MSA) between the parties. The arbitral panel found the resort had breached the MSA by terminating it without sufficient basis and issued a liability award in favor of the shareholders. Because there are genuine issues of material fact regarding personal jurisdiction, cross-motions for summary judgment are denied, as well as the shareholders' motion to confirm the arbitral award.
Court: USDC Southern District of New York, Judge: Schofield, Filed On: September 12, 2023, Case #: 1:21cv2655, NOS: Arbitration - Other Suits, Categories: Arbitration, Enforcement Of Judgments, Jurisdiction
J. Schofield affirms an arbitral award in this matter concerning arbitration. An employee filed suit against his employer, and the parties were ordered to participate in arbitration per their agreement. The arbitrator found in favor of the employer and awarded sanctions in the amount of $11,416 and $23,026. The employee now appeals, arguing the award should be vacated, as the arbitrator did not properly conduct the arbitration. The instant court finds the employee's arguments are unsupported and without merit, grants the employer’s motion for summary judgment and confirms the arbitral award.
Court: USDC Southern District of New York, Judge: Schofield, Filed On: September 12, 2023, Case #: 1:20cv10500, NOS: Arbitration - Other Suits, Categories: Arbitration, Employment, Sanctions
J. Quereshi partially grants a medical waste firm its motions for default judgment and confirmation of the arbitrator’s award after a contract dispute with its IT company customer. The customer has failed to participate in arbitration and court proceedings, warranting default judgment. The firm is awarded over $104,000 including the contractual claim and attorneys’ fees and costs, although its award is lower than it requested because its counsel’s billing was higher than is reasonable under local rules.
Court: USDC Maryland, Judge: Quereshi, Filed On: September 5, 2023, Case #: 8:22cv450, NOS: Arbitration - Other Suits, Categories: Arbitration, Attorney Fees, Contract
J. Contreras confirms a $70 million arbitration award in favor of a group of marketing companies in a fraudulent inducement case against an advertising company that convinced the companies to buy it after it misrepresented its database of email addresses, demographics and ability to target customers. The advertiser fails to establish a ground for vacatur.
Court: USDC District of Columbia, Judge: Contreras, Filed On: August 25, 2023, Case #: 1:22cv3278, NOS: Arbitration - Other Suits, Categories: Arbitration, Fraud
J. Simms grants a hotel franchisee its motion to transfer this suit to the U.S. District Court in Eastern Pennsylvania. The suit, originally brought by a group of franchisees, accuses its parent company of racketeering. The company previously compelled arbitration and had to submit monthly status reports to the court. In the instant case, the company failed to mention in its report that it pursued arbitration in Maryland instead of where the suit originated in eastern Pennsylvania. This deprived the presiding judge from retaining jurisdiction and returning the case to the docket for his resolution. The judge is correct that the case should be transferred back to Pennsylvania.
Court: USDC Maryland, Judge: Simms, Filed On: August 25, 2023, Case #: 8:23cv146, NOS: Arbitration - Other Suits, Categories: Arbitration, Jurisdiction, Racketeering
J. Kleeh denies a Morgantown couple’s motion to remand their breach of contract suit against the manufactured home company back to Monongalia County Circuit Court, and grants the company’s motion to compel arbitration. The court finds the couple has not been dilatory in identifying “diversity-destroying defendants” to join them to the suit, and the binding dispute resolution the couple signed when they purchased the home is an enforceable contract since they’ve failed to prove how it’s “one-sided, unreasonable and unconscionable.” Further proceedings stayed pending completion of arbitration.
Court: USDC Northern District of West Virginia, Judge: Kleeh, Filed On: August 16, 2023, Case #: 1:22cv112, NOS: Arbitration - Other Suits, Categories: Arbitration, Business Practices, Contract
J. Bibas grants summary judgment to a former manager of a luxury hotel in Casablanca, Morocco, accused of hiding behind the corporate veil of its parent in order to either get out of paying its debt or to obfuscate an alleged siphoning of funds. Three theories of fraud offered by the hotel owner fail to align with the manager's alleged misuse of the corporate form that would allow piercing of the corporate veil.
Court: USDC Delaware, Judge: Bibas, Filed On: August 8, 2023, Case #: 1:18cv654, NOS: Arbitration - Other Suits, Categories: Fraud
J. Wright grants a company's motion for preliminary injunction to enjoin a trustee from arbitrating claims against the company in a Financial Industry Regulatory Authority arbitration. The trustee alleges that an employee of the company orchestrated a Ponzi scheme and that the trust lost over $300,000 by investing in the scheme. The trustee has not shown that the individual was acting as the company's employee when he facilitated the investment, and the trustee agrees that the individual operated the investment scheme as an "outside business" that was undisclosed to his employer. The company has shown that it is likely to suffer irreparable harm in the absence of an injunction.
Court: USDC Central District of California, Judge: Wright, Filed On: August 7, 2023, Case #: 2:23cv2994, NOS: Arbitration - Other Suits, Categories: Arbitration, Injunction
J. Brack denies an investment company’s motion to compel arbitration after the company was sued by a consumer seeking to void their contract because, while the company is right that a “clickwrap agreement” which the consumer “electronically signed” is a valid contract, the contract does not “clearly and unmistakably delegate arbitrability issues to an arbitrator.”
Court: USDC New Mexico, Judge: Brack, Filed On: August 3, 2023, Case #: 1:22cv62, NOS: Arbitration - Other Suits, Categories: Arbitration, Banking / Lending, Contract