239 results for 'cat:"Arbitration" AND cat:"Contract"'.
J. Conley partially grants the insurance company's motion for a declaratory judgment saying it is not obligated to indemnify or defend the metals manufacturer in an arbitration proceeding with a customer claiming the manufacturer provided defective dredge tanks. Although three categories of the customer's claims are not covered by a provision in the manufacturer's policy related to "manufacturer's errors or omissions," there may potentially be coverage for the customer's claims of breach of contract, negligence and negligent misrepresentation if arbitration breaks in its favor.
Court: USDC Western District of Wisconsin, Judge: Conley, Filed On: February 7, 2024, Case #: 3:22cv443, NOS: Insurance - Contract, Categories: arbitration, Insurance, contract
J. Smith finds that the district court properly confirmed an arbitral award in favor of a company in a dispute concerning the parties’ respective rights under a distribution and license agreement (DLA). The district court had jurisdiction to hear the motion to confirm the arbitral award but not for the reasons it held previously. The lower court ruled that it had diversity jurisdiction, but the Federal Arbitration Act gave the district court an independent basis for exercising jurisdiction. Affirmed.
Court: 9th Circuit, Judge: Smith, Filed On: February 5, 2024, Case #: 23-55123, Categories: arbitration, contract
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J. Jay finds the trial court improperly ordered arbitration for only two claims in the land owner's lawsuit against the construction company alleging littering, trespassing, fraud, negligence, breach of contract and unjust enrichment related to a road construction project in Jacksonville. The terms of the parties' contract calls for arbitration of all of the land owner's claims, not just the breach of contract and unjust enrichment claims as ordered by the trial court, in part because the land owner "anchored its complaint to the contract." The case is remanded for the trial court to order arbitration on all the land owner's claims. Reversed.
Court: Florida Courts Of Appeal, Judge: Jay, Filed On: February 2, 2024, Case #: 23-1784, Categories: arbitration, contract
J. Kennedy finds that the lower court properly confirmed an arbitration award in favor of the appellee company in this dispute involving the construction of an affordable housing property and the option provision contained within the parties' limited partnership agreement. The court rejects the appellant's argument that "the option was indefinite and unenforceable." Affirmed.
Court: Texas Courts of Appeals, Judge: Kennedy, Filed On: January 26, 2024, Case #: 05-22-00721-CV, Categories: arbitration, Housing, contract
J. Joseph denies a request by the purchaser of 500 million 3M masks to vacate a final arbitration award to the manufacturer of $44,000 in breach of contract damages, plus attorney fees totaling $680,000. The purchaser had sufficient notice of the arbitration proceedings and was not denied due process.
Court: USDC Western District of Tennessee , Judge: Joseph, Filed On: January 24, 2024, Case #: 6:23cv1021, NOS: Other Statutory Actions - Other Suits, Categories: arbitration, Covid-19, contract
J. Kleeh denies the automobile loan service provider's motion to stay and compel arbitration of the customer's breach of contract suit claiming it improperly charged her a $2.75 fee to use her debit card to make installment payments with a third-party platform. The loan service provider cannot compel arbitration since the terms and conditions of the third-party platform's arbitration agreement do not provide for enforcement of its agreement by a non-signatory.
Court: USDC Northern District of West Virginia, Judge: Kleeh, Filed On: January 23, 2024, Case #: 1:23cv45, NOS: Other Contract - Contract, Categories: arbitration, Vehicle, contract
J. King grants T-Mobile's motion to compel to arbitration the customers' suit claiming that T-Mobile did not secure their proprietary network information from fraudulent "SIM swaps" that allowed hackers to access the customers' financial accounts. The customers, or someone on their behalf, signed a binding agreement to arbitrate.
Court: USDC Western District of Washington, Judge: King, Filed On: January 22, 2024, Case #: 2:22cv1805, NOS: Other Statutory Actions - Other Suits, Categories: arbitration, Class Action, contract
J. Phillips finds a lower court improperly dismissed an insurance company's motion for arbitration concerning contract claims against an aviation company. The aviation company argued that a dispute over the sale of maritime surveillance aircraft products belongs in civil court. However, the parties' agreement contains an arbitration clause. Reversed.
Court: Her Majesty's Court of Appeal, Judge: Phillips, Filed On: January 12, 2024, Case #: CA-2023-137, Categories: arbitration, Insurance, contract
J. Ceresia finds that the lower court properly declined to permanently seal records related to a dispute between companies working to release lifesaving treatment for a rare childhood illness. The company seeking to manufacture the injectable drug contends trade secrets and other confidential information may be exposed prior to arbitration, while the developer of the drug pursued injunctive relief to continue the parties' master services agreement for production. However, the request to seal was overly broad and did not overcome the general presumption of open court access on a matter of public interest. Affirmed.
Court: New York Appellate Divisions, Judge: Ceresia, Filed On: January 11, 2024, Case #: CV-23-0428, Categories: arbitration, contract, Injunction
J. Chuang grants Uber’s motions to compel arbitration and dismiss in an underlying employment contract dispute with one of its drivers. The driver claims the rideshare company hacked the app sending her to pick up to various problematic passengers and after she complained they deactivated her account. The court finds that the signing of an arbitration clause in the parties’ contract means the case must be dismissed and go before an arbitrator.
Court: USDC Maryland, Judge: Chuang, Filed On: January 5, 2024, Case #: 8:23cv2149, NOS: Other Contract - Contract, Categories: arbitration, Employment, contract
J. Sessions grants a college and its current president’s motion to stay in this employment contract dispute brought by the former president alleging discrimination and retaliation. The college argues this case needs to go to arbitration on all claims as stated in the employment agreement. The college and its current president have met the burden that arbitration is needed and its inherent power to control the docket.
Court: USDC Vermont, Judge: Sessions, Filed On: January 3, 2024, Case #: 2:23cv393, NOS: Employment - Civil Rights, Categories: arbitration, Employment, contract
J. Parker grants the restaurant's motion to compel arbitration in a wage and hour class action. The employees assert that they were not paid for hours worked over 40 per week, and were not permitted to keep gratuities. However, the employment contract clearly advises employees that by signing they will waive their rights to bring a class action lawsuit, and contains an acknowledgment form advising employees that it is their responsibility to be familiar with the arbitration agreement.
Court: USDC Southern District of New York, Judge: Parker, Filed On: December 27, 2023, Case #: 1:22cv1880, NOS: Fair Labor Standards Act - Labor, Categories: arbitration, contract
J. Altice finds that the trial court should have enforced arbitration as requested by a contractor in construction claims brought in Wisconsin because the contractor did not waive the right to demand such in an Indiana lawsuit, which, in turn, should be paused pending the outcome of the prior-filed Wisconsin action. Reversed.
Court: Indiana Court Of Appeals, Judge: Altice, Filed On: December 27, 2023, Case #: 23A-PL-654, Categories: arbitration, Civil Procedure, contract
J. Johnson grants the defendant companies' motion to compel arbitration in this lawsuit involving a vehicle service contract. The car owners sued the companies for breach of contract after their claim for coverage was denied. However, they fail to show why arbitration is improper, given the contract's arbitration provision. Additionally, the court will dismiss the case without prejudice, instead of staying the proceedings.
Court: USDC Northern District of Oklahoma , Judge: Johnson, Filed On: December 21, 2023, Case #: 4:22cv34, NOS: Other Contract - Contract, Categories: arbitration, Vehicle, contract
J. Thompson grants the hazmat suit manufacturer's motion to compel arbitration, ruling that although the non-disclosure agreement between itself and the exporting company was sent by a third party, subsequent communications from the exporter expressed no issues with the document, which was signed by all parties. Therefore, the agreement was binding and requires the parties to arbitrate their dispute.
Court: USDC Connecticut, Judge: Thompson, Filed On: December 19, 2023, Case #: 3:21cv430, NOS: Other Contract - Contract, Categories: arbitration, contract
J. Sweeney denies JP Morgan Chase's motion to compel arbitration in claims contending a bank manager racially discriminated against a Black customer by accosting her and telling her she was not welcome there as he threatened to call the police because an arbitration clause in the bank's contract with the customer referred only to her deposit account without extending to the customer's discrimination claim.
Court: USDC Colorado, Judge: Sweeney, Filed On: December 15, 2023, Case #: 1:23cv2266, NOS: Other Civil Rights - Civil Rights, Categories: arbitration, Civil Rights, contract
J. Rufe grants a loan advancer’s motion to compel arbitration and dismiss this complaint wherein a company says the advancer wrongfully recorded a financing statement for the company, created fraudulent loan documents for it, and unlawfully froze some of its receivables. The parties are bound by an arbitration agreement.
Court: USDC Eastern District of Pennsylvania, Judge: Rufe, Filed On: December 15, 2023, Case #: 2:22cv3249, NOS: Other Contract - Contract, Categories: arbitration, Business Practices, contract
J. Evanson grants the cruise line's motion to compel arbitration in the executive housekeeper's lawsuit accusing the cruise line's manager of making her sign a seagoing employment agreement (SEA) after she sought medical attention for an asthma attack on shore. The April 2014 SEA is not void for lack of consideration, because while the January 2014 SEA was still in effect when the executive housekeeper signed the April 2014 SEA, both of the contracts have the same language regarding arbitration, which is in effect for both of them.
Court: USDC Western District of Washington, Judge: Evanson, Filed On: December 11, 2023, Case #: 2:22cv1111, NOS: Marine - Contract, Categories: Admiralty, arbitration, contract
J. Rowland grants Mercedes-Benz’s motion to compel arbitration in a class action suit over its onboard navigation service, for which the suing class claim to have never fully agreed to use. The court finds that, per a user license agreement, the parties are contractually bound to arbitrate the dispute.
Court: USDC Northern District of Illinois, Judge: Rowland, Filed On: December 11, 2023, Case #: 1:22cv6099, NOS: Contract Product Liability - Contract, Categories: arbitration, Product Liability, contract
J. Quattlebaum finds the lower court properly ordered the internet provider to pay rent for the utility duct. The internet provider rented the duct and could not come to terms with the railroad company over a lease renewal. They submitted the dispute to three appraisers, who decided the rent by a two-to-one vote in the railroad company's favor. The arbitration agreement requires the internet provider to pay the amount set by the appraiser, even if the vote wasn't unanimous. Affirmed.
Court: 4th Circuit, Judge: Quattlebaum, Filed On: December 8, 2023, Case #: 22-1554, Categories: arbitration, Transportation, contract
J. Goldstein finds that the lower court properly compelled the parties to arbitration as to the issue of damages in this dispute over certain contractor and landscaping services provided. The appellant property owners argue that the appellee company waived arbitration, but the company's default does not serve "as a waiver of the right to arbitrate." Affirmed.
Court: Texas Courts of Appeals, Judge: Goldstein, Filed On: December 8, 2023, Case #: 05-22-00802-CV, Categories: arbitration, contract