787 results for 'cat:"Arbitration"'.
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J. Payne grants the game app developer's motion to compel mandatory alternative dispute resolution. The creators of the popular app Candy Crush launched the Candy Crush All Stars 2023 Tournament, which allowed Candy Crush players worldwide to compete for a chance to win $250,000 in prizes and an expense-paid trip to London. A participant accuses the creators of omitting or actively misrepresenting certain information to participants, which caused them to overestimate their chances of success and spend more than they otherwise would have on in-app purchases to boost their competitiveness. The participant agreed multiple times to the developer's terms and conditions, which contain a clause on settling matters out of court.
Court: USDC Eastern District of Virginia, Judge: Payne, Filed On: April 18, 2024, Case #: 3:23cv314, NOS: Other Fraud - Torts - Personal Property, Categories: arbitration, Fraud, Consumer Law
J. Gomez finds that if an attorney includes their email address in a court filing, opposing parties may use the address to serve the attorney in subsequent filings and, therefore, the cannabis company owners' motion to vacate an arbitration award was timely served. Meanwhile, the lower court erroneously granted the business partner's motion to vacate the arbitration award on the grounds of impartial bias because the arbitrator's conduct - including asking clarification questions to witnesses and interrupting to focus discussion and shorten several hearings - was within the scope of his authority and did not affect the ultimate ruling. Reversed in part.
Court: Colorado Court Of Appeals, Judge: Gomez, Filed On: April 18, 2024, Case #: 2024COA39, Categories: arbitration, Civil Procedure
J. Lin denies the engineering plastics company's motion to vacate the arbitration award in Amazon's favor, arguing that Amazon does not deserve it because the withholding provision of their contract is a penalty provision, not a liquidated damages provision. The arbitrator did not manifestly disregard the law in her decision, because she was fully briefed on the issue, correctly identified the legal standard, and applied the correct standard to the case facts.
Court: USDC Western District of Washington, Judge: Lin, Filed On: April 17, 2024, Case #: 2:23cv1693, NOS: Arbitration - Other Suits, Categories: arbitration, Contract
J. Guidry finds that the lower court properly granted the contractor's motion to vacate an arbitration award stemming from a dispute with a subcontractor. The award was rendered against an entity that "was not a party to the subcontract agreement containing the arbitration clause," so the arbitrator exceeded his authority in rendering the award. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Guidry, Filed On: April 17, 2024, Case #: 2023CA1114, Categories: arbitration, Contract
J. Lucas finds that the trial court improperly denied a pharmacy's motion to arbitrate contract claims in California because the section of the Federal Arbitration Act that authorizes federal district courts to compel arbitration in civil actions does not bar states from doing so under their own jurisdiction. Reversed.
Court: Florida Courts Of Appeal, Judge: Lucas, Filed On: April 17, 2024, Case #: 2D2023-0096, Categories: arbitration, Jurisdiction, Contract
J. Polster grants GameStop's motion to dismiss, ruling that because the terms and conditions of the customer's "pro" rewards membership include a mandatory arbitration clause, his claims regarding certain handling charges that could potentially violate the free shipping advertised in the program must be decided via arbitration.
Court: USDC Northern District of Ohio, Judge: Polster, Filed On: April 16, 2024, Case #: 5:23cv1970, NOS: Other Fraud - Torts - Personal Property, Categories: arbitration, Fraud, Class Action
J. Richardson partially grants the restaurant's motion to compel arbitration of the chef's claims in this lawsuit alleging discrimination, retaliation and a hostile work environment. The chef fails to sufficiently create a question of fact regarding whether he electronically signed the arbitration agreement. Accordingly, the court will enforce the arbitration agreement, though the restaurant is not entitled to attorney fees.
Court: USDC Middle District of Tennessee , Judge: Richardson, Filed On: April 16, 2024, Case #: 3:24cv3, NOS: Employment - Civil Rights, Categories: arbitration, Employment, Contract
J. Morgan denies a request by an Illinois-based insurer to compel arbitration of a dispute with a New Orleans-based law firm for its defense and indemnity from a lawsuit in the state of California. That the underlying litigation is in California is an insufficient reason to trigger the application of California law. Louisiana’s policy interests would be most seriously impaired if its law were not applied.
Court: USDC Eastern District of Louisiana , Judge: Morgan, Filed On: April 16, 2024, Case #: 2:23cv6235, NOS: Insurance - Contract, Categories: arbitration, Choice Of Law
J. Clark finds that the lower court improperly denied the consumer's motion to vacate an arbitration award in a dispute over a $199 administrative fee assessed on her purchase of a camping trailer. The dealership knowingly waived its right to arbitrate by filing a motion to dismiss and asking the court to enter a final judgment on the merits of whether the fee applied to the consumer's purchase. Reversed.
Court: Missouri Court Of Appeals, Judge: Clark, Filed On: April 15, 2024, Case #: ED111498, Categories: Administrative Law, arbitration
J. Pratt finds the trial court properly denied the trucking company's motion to stay and compel arbitration in a dispute between the property owner and multiple trucking companies in which the owner accuses the companies of litter and trespass for digging "an enormous pit" and dumping "construction debris and sludge" on its property. The trucking company cannot get the relief it seeks because it is not a party to the arbitration agreement it wants enforced. Affirmed.
Court: Florida Courts Of Appeal, Judge: Pratt, Filed On: April 12, 2024, Case #: 23-2094, Categories: arbitration, Contract
J. Roberts finds that the court of appeals improperly held that bakery employees who worked as truck drivers were not exempt from the Federal Arbitration Act in underlying wage claims based on the erroneous conclusion that employees must be in the transportation industry to be exempt.
Court: US Supreme Court, Judge: Roberts, Filed On: April 12, 2024, Case #: 23-51, Categories: arbitration, Employment
Per curiam, the appellate division finds that the lower court properly denied the corporate officer's motion to vacate a default judgment in favor of the law firm. The officer signed a retainer agreement on behalf of his company agreeing that the law firm would have a claim against any officer if the legal fees were not timely paid by the company. The officer had no reasonable excuse for failing to appear in the arbitration proceeding. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: April 11, 2024, Case #: 01989, Categories: arbitration, Contract
J. Madsen finds that the lower court properly confirmed an arbitration order in an underlying dispute over loan payments. The lower court properly found that a motion to confirm an arbitration order does not render the entire underlying case moot. The lower court also correctly found that attaching an arbitration award does not act as a "judicial
endorsement" of the award, but instead simply identifies the reasoning for confirming it. Affirmed.
Court: Washington Supreme Court, Judge: Madsen, Filed On: April 11, 2024, Case #: 101872-0, Categories: arbitration, Contract
J. Spain finds that the trial court properly confirmed an arbitration award in favor of the former attorneys of a community association that was involved in condemnation proceedings for a property. The arbitrator did not exceed her authority to award the attorneys fees on their quantum meruit claim. Affirmed in part.
Court: Texas Courts of Appeals, Judge: Spain, Filed On: April 11, 2024, Case #: 14-21-00630-CV, Categories: arbitration, Property, Attorney Fees
J. Bennett finds that the district court properly granted Amazon’s motion to compel arbitration and dismissed without prejudice a case arising from a dispute between Amazon and the delivery service partners (DSP) with whom it contracts to provide local delivery services. The business entities entered into DSP agreements with Amazon that contained an arbitration provision. A transportation worker exemption did not extend to business entities or to commercial contracts such as the DSP agreement. Affirmed.
Court: 9th Circuit, Judge: Bennett, Filed On: April 10, 2024, Case #: 22-35818, Categories: arbitration, Contract
[Consolidated.] J. Marbley grants the lender's motion to compel arbitration, ruling evidence indicates all the borrowers voluntarily signed the loan agreement, which included arbitration language in bold and capital lettering; therefore, the arbitration provision is valid and enforceable.
Court: USDC Southern District of Ohio, Judge: Marbley, Filed On: April 10, 2024, Case #: 2:22cv4318, NOS: Other Contract - Contract, Categories: arbitration, Consumer Law, Contract
J. Browning denies the former securities firm owner's motion to vacate the arbitration award, ruling that because he and the buyers of the firm were all Financial Industry Regulatory Authority-associated individuals, he agreed to arbitrate any dispute in front of a FINRA arbitrator when he sold the firm. However, the employee's decision to arbitrate with the buyer in a non-FINRA forum supersedes her previous agreement and prevented any award against her; therefore, the FINRA arbitration award is vacated in respect to the employee.
Court: USDC New Mexico, Judge: Browning, Filed On: April 9, 2024, Case #: 1:22cv596, NOS: Arbitration - Other Suits, Categories: arbitration, Securities
J. Long compels arbitration of certain claims in a maritime cargo damage dispute related to shipment of 14,000 bags of cement from Port Said, Egypt, to a cement plant in Houston, Texas. The litigants’ agreement is valid and enforceable but does not stay the entire litigation.
Court: USDC Eastern District of Louisiana , Judge: Long, Filed On: April 9, 2024, Case #: 2:23cv788, NOS: Marine - Contract, Categories: arbitration, Maritime, Contract
Per curiam, the appellate court conditionally grants a writ of mandamus to vacate an order to compel the relator entities to respond to pre-arbitration discovery requests for underlying tort claims. The trial court abused its discretion by delaying a ruling "on the merits of arbitrability until after discovery."
Court: Texas Courts of Appeals, Judge: Per curiam, Filed On: April 9, 2024, Case #: 14-23-00872-CV, Categories: arbitration, Tort, Discovery
J. King grants the consumer credit reporting agency's motion to compel arbitration in the consumer's complaint that the former refused to delete inaccurate information from his credit files. The arbitrator provision of the parties' contract is clear that the arbitrator has exclusive authority to resolve disputes "relating to...any...term of this agreement," and the consumer credit reporting agency did not waive its right to arbitration when it did not raise an affirmative defense.
Court: USDC Western District of Washington, Judge: King, Filed On: April 8, 2024, Case #: 3:23cv5294, NOS: Consumer Credit - Other Suits, Categories: arbitration, Contract