786 results for 'cat:"Arbitration"'.
J. Boasberg rules in favor of the Department of Defense on the Fifth Amendment claim brought by a Palestinian man working in military intelligence. He lost on his claim before, and proposes amending it, but the DoD is right to say the amendments are futile.
Court: USDC District of Columbia, Judge: Boasberg, Filed On: March 29, 2024, Case #: 1:23cv1471, NOS: Freedom of Information Act (FOIA) - Other Suits, Categories: arbitration, Civil Rights, Ada / Rehabilitation Act
J. Jenkins finds the lower court properly determined that an arbitration agreement, signed by a health care agent, does not bind the principal to its terms. A patient at a skilled nursing facility had executed a medical power of attorney prior to being admitted. The power of attorney designated a specific person to act as his agent concerning health care matters, and when the patient experienced a medical circumstance that required a stay at a skilled nursing facility, his agent signed a contract for the patient to be admitted and a separate arbitration agreement. When the patient was discharged and decided to file suit against the nursing facility regarding his care, the nursing facility asked the court to compel arbitration per the agreement. But the lower court found that the patient’s admission was not contingent upon the agent signing the separate arbitration agreement, therefore the arbitration agreement was outside the scope of the agent’s authority, as it was not a health care decision at that point. Affirmed.
Court: California Supreme Court, Judge: Jenkins, Filed On: March 28, 2024, Case #: S276545, Categories: arbitration, Health Care, Contract
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J. Boardman denies a loan originator and a third-party lender’s motion to compel arbitration in this contract dispute brought by a class of consumers. The class seeks damages and declaration the loan agreements are void and not enforceable. The originator and lender’s seek arbitration under the arbitration clause. The promise in the arbitration policy is illusory and the contract is not enforceable.
Court: USDC Maryland, Judge: Boardman, Filed On: March 28, 2024, Case #: 8:23cv2156, NOS: Other Contract - Contract, Categories: arbitration, Banking / Lending, Contract
J. Partida-Kipness finds in this interlocutory appeal that the lower court properly denied the defendants' motion to abate the lawsuit asserting breach of fiduciary duty claims. The appellants contend that the dispute is subject to arbitration, but the court disagrees, based on the unambiguous language of the appellee company's operating agreement. Affirmed.
Court: Texas Courts of Appeals, Judge: Partida-Kipness, Filed On: March 28, 2024, Case #: 05-23-00199-CV, Categories: arbitration, Fiduciary Duty, Contract
J. Sabatino finds that the board of education properly revoked a tenured teacher's license for unbecoming conduct because the teacher failed to demonstrate a constitutional violation, even though the tenure case had already been arbitrated, since the board provided formal written notice, and the teacher will get the chance to be heard at an administrative hearing. Affirmed.
Court: New Jersey Appellate Division, Judge: Sabatino , Filed On: March 28, 2024, Case #: A-1280-22, Categories: arbitration, Employment, Licensing
J. Conley grants the union's motion to affirm an arbitration award in its favor in a dispute with the paper mill owner over the union's demand for vacation pay during the indefinite idling of the mill, which lasted from August 2020 until the mill permanently closed in October of that year. There is no serious error, breach of authority or other cause to overturn the arbitrator's decision, so the decision is affirmed, judgment is entered in the union's favor and the clerk is directed to close the case.
Court: USDC Western District of Wisconsin, Judge: Conley, Filed On: March 28, 2024, Case #: 3:22cv194, NOS: Labor/Management Relations - Labor, Categories: arbitration, Labor / Unions
J. Stabile finds that the lower court improperly resolved a question of fact in this arbitration dispute wherein a teacher alleges a recruiter she hired to get her a new teaching position induced her to quit her job for a new one that never materialized. The complaint established the existence of additional contract terms that must be considered to determine the nature of the relationship between the parties. Reversed in part.
Court: Pennsylvania Superior Court, Judge: Stabile, Filed On: March 28, 2024, Case #: J-A24010-23, Categories: arbitration, Employment, Contract
J. DeGravelles grants a request by foreign and domestic insurers, ordering a stay of a nonprofit condominium owners’ suit for recovery of repairs for wind and hailstorm damage, pending arbitration of claims. The condo owners fail to support their argument the arbitration provision is unenforceable.
Court: USDC Middle District of Louisiana, Judge: DeGravelles, Filed On: March 27, 2024, Case #: 3:23cv279, NOS: Insurance - Contract, Categories: arbitration, Damages, Contract
J. Abramson finds the county court improperly denied the home builder's motion to dismiss. The home purchaser filed suit, claiming the builder defaulted on the parties' contract to purchase land and build a home. The court failed to make a finding as to whether a valid arbitration agreement existed. Reversed.
Court: Arkansas Court Of Appeals, Judge: Abramson , Filed On: March 27, 2024, Case #: CV-23-230, Categories: arbitration, Construction, Contract
[Consolidated.] J. Larsen finds the lower court properly determined the employer waived its right to arbitrate discrimination claims brought by the deaf employee. It waited more than seven months to file its motion to compel, before which it conducted extensive discovery, took depositions and raised several affirmative defenses, all of which contradicts its argument it intended to rely on arbitration from the outset of the case. Affirmed.
Court: 6th Circuit, Judge: Larsen, Filed On: March 27, 2024, Case #: 23-1507, Categories: arbitration, Civil Procedure, Employment Discrimination
J. Buller finds that a financial advisor was improperly granted an arbitration award after he was fired for improper client trades because he admitted he traded in violation of the employer's policies and Financial Industry Regulatory Authority rules. Affirmed.
Court: Iowa Court Of Appeals, Judge: Buller, Filed On: March 27, 2024, Case #: 23-0439, Categories: arbitration, Employment
J. Reidinger grants a hospital’s motion for summary judgment in a labor dispute with a nurses’ union after the hospital won an arbitration award. Union members posted flyers regarding voting in places outside of designated bulletin boards stipulated in a collective bargaining agreement. The dispute arose, and a union representative requested access to the hospital. He was denied for 30 days as part of the agreement. When a second, uninvolved representative requested access, he had to wait until the 30 days had ended. The union is incorrect in arguing that this second denial violated the agreement, and the arbitration award stands.
Court: USDC Western District of North Carolina, Judge: Reidinger, Filed On: March 26, 2024, Case #: 1:23cv321, NOS: Labor/Management Relations - Labor, Categories: arbitration, Health Care, Labor / Unions
J. Weingart finds that trial court properly denied an e-commerce retailer's motion to compel arbitration of a consumer's claim that a device he bought online did not improve his sexual performance or stamina as advertised. The link to the website's terms of use was too small and inconspicuous to put the consumer on notice about an arbitration agreement. Affirmed.
Court: California Courts Of Appeal, Judge: Weingart, Filed On: March 25, 2024, Case #: B323430, Categories: arbitration, Consumer Law, False Advertising
J. Smith finds that the trial court improperly mandated arbitration in claims contending a pain specialist was fired for reporting sexual harassment because the ambiguous arbitration agreement contained several clauses that rendered each other meaningless. Reversed.
Court: New Jersey Appellate Division, Judge: Smith , Filed On: March 25, 2024, Case #: A-1703-22, Categories: arbitration, Employment
J. Pratt rules in part for defendant, an insurance company, in breach of contract claims in which another company seeks reimbursement for services provided to physician groups by holding that plaintiff may only continue claims that had been made prior to the date set out in their agreement. Meanwhile, the agreement requires that plaintiff's claims proceed to arbitration.
Court: USDC Southern District of Indiana, Judge: Pratt, Filed On: March 25, 2024, Case #: 1:22cv1500, NOS: Insurance - Contract, Categories: arbitration, Civil Procedure, Contract
J. Swan finds the superior court properly affirmed an arbitration award in favor of the business owner in the citizen's lawsuit claiming he was injured falling out of a defective chair at the business. The superior court did not err when it stayed the lawsuit pending arbitration, and the citizen has waived his right to argue that the owner waived its right to arbitration by litigating and delaying his lawsuit. Affirmed.
Court: Virgin Islands Supreme Court, Judge: Swan, Filed On: March 25, 2024, Case #: 2024 VI 14, Categories: arbitration, Premises Liability, Contract
J. Mitchell finds that the lower court improperly ruled when denying a nursing home’s motion to compel arbitration against two daughter co-guardians of a patient who died in their facility, even with only one daughter signing the the arbitration clause. Each of the co-guardians had "independent authority to sign agreements on behalf of their ward." Reversed.
Court: Alabama Supreme Court, Judge: Mitchell, Filed On: March 22, 2024, Case #: SC-2023-0433, Categories: arbitration, Wrongful Death, Guardianship