69 results for 'cat:"Arbitration" AND cat:"Civil Procedure"'.
J. McDonald finds that because the investment firm and its employee filed their petition to confirm the arbitration award against the account holder within six months of the underlying decision, it was timely under Mississippi law. Meanwhile, the lower court properly denied the account holder's motion for a continuance because his attorney failed to contact either the court or opposing counsel about a scheduling conflict despite having ample time to do so. Affirmed.
Court: Mississippi Court Of Appeals, Judge: McDonald, Filed On: September 17, 2024, Case #: 2023-CA-833, Categories: arbitration, civil Procedure
J. Countiss finds that the trial court properly denied a bank’s motion to compel arbitration in a loan dispute with a customer. The paperwork for the loan agreement detailed how to reject the arbitration clause but not how to accept it. Thus, because the bank did not give the customer the chance to explicitly accept the arbitration clause of the loan agreement, it failed to meet its burden for a valid arbitration agreement. Affirmed.
Court: Texas Courts of Appeals, Judge: Countiss, Filed On: August 29, 2024, Case #: 01-23-00513-CV, Categories: arbitration, civil Procedure, Banking / Lending
J. Longoria finds that the lower court properly denied the appellant roofing company's motion to compel arbitration in this dispute arising from a residential construction contract. The contract included an arbitration provision, but the company waived its right to arbitration by invoking the judicial process. The company, which initiated the litigation, sought arbitration 17 months after filing its petition and "participated in pretrial activity during that time period." Affirmed.
Court: Texas Courts of Appeals, Judge: Longoria, Filed On: August 29, 2024, Case #: 13-23-00483-CV, Categories: arbitration, civil Procedure
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J. Hanks partially grants an employer’s motion to compel a former employee to arbitration for their employment discrimination claims. The two parties had a valid and enforceable arbitration agreement in the employment contract. Even though the employee has trouble reading and writing in English or in any language due to his myopia, his difficulties were not harsh enough to prevent him from understanding the contract. Moreover, the employee could have sought out someone to read it for him, but he chose not to. However, the court denies the employer’s motion to dismiss the claim entirely, instead placing a stay on the proceedings pending arbitration.
Court: USDC Southern District of Texas, Judge: Hanks, Filed On: August 27, 2024, Case #: 4:23cv4592, NOS: Amer w/Disabilities-Employment - Civil Rights, Categories: arbitration, civil Procedure, Employment Discrimination
J. Marbley denies the employer's motion to compel arbitration, ruling that while the arbitration clause in the female employee's contract is valid, her allegations of sexual harassment and sex discrimination allows her to forego arbitration under the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act.
Court: USDC Southern District of Ohio, Judge: Marbley, Filed On: August 19, 2024, Case #: 2:24cv377, NOS: Family and Medical Leave Act - Labor, Categories: arbitration, civil Procedure, Employment Discrimination
J. Zainey denies a holding company’s motion to compel arbitration in a personal injury suit by a crewman on one of their ships. Because the crewman’s challenge applies to his entire contract as well as to the specific arbitration agreement therein, the crewman must make the claim in court that he is not bound by it and bears the burden of proof. But that also means he must be allowed to make his case on that issue in court, rather than be compelled into arbitration immediately.
Court: USDC Eastern District of Louisiana , Judge: Zainey, Filed On: August 15, 2024, Case #: 2:24cv94, NOS: Marine - Contract, Categories: arbitration, civil Procedure, Maritime
J. Robinson finds that the district court properly declined to compel arbitration over state and federal claims alleging gender-based hostile work environment and retaliation. Arbitration had been granted in keeping with the employment contract but was vacated on reconsideration based on the continuing violation doctrine because her claims accrued following the effective date of new litigation ending forced arbitration in sexual assault and harassment actions. Affirmed.
Court: 2nd Circuit, Judge: Robinson, Filed On: August 12, 2024, Case #: 23-658-cv, Categories: arbitration, civil Procedure, Employment Discrimination
J. Tunheim partially dismisses and stays the sales representative's action against the furniture maker pending arbitration. The representative's claims are arbitrable, and the parties' arbitration agreement is valid; a delegation clause does not conflict with a forum-selection clause, and the agreement does not violate the Minnesota Termination of Sales Representatives Act. Since no party has moved to compel arbitration, the court does not compel it, but imposes a stay instead.
Court: USDC Minnesota, Judge: Tunheim, Filed On: July 25, 2024, Case #: 0:24cv328, NOS: Other Contract - Contract, Categories: arbitration, civil Procedure, Contract
J. Donnelly finds the appeals court erroneously determined the union failed to meet service requirements when it filed a complaint to vacate an arbitration award. Procedural rules do not require service upon a party and the attorneys representing that party, only the party itself. However, even though the union met service requirements, its filing of a complaint - and not a motion - was improper and did not meet statutory requirements for vacatur of an arbitration award, which requires affirmation of the award. Affirmed in part.
Court: Ohio Supreme Court, Judge: Donnelly, Filed On: July 16, 2024, Case #: 2024-Ohio-2651, Categories: arbitration, civil Procedure, Labor / Unions
J. Stargel finds that the trial court improperly denied the city’s motion to extend a deadline for a trial de novo request, after a final judgment of an arbitration award was entered in favor of a husband and wife. The trial court relied on a previous case which held that the circuit court lacked authority to excuse a motion for trial de novo. Therefore, this case is remanded for further proceedings and consideration of the city to show cause for the extension. Reversed.
Court: Florida Courts Of Appeal, Judge: Stargel, Filed On: July 12, 2024, Case #: 6D23-2119, Categories: arbitration, civil Procedure
J. Alexander finds the lower court erroneously denied the rabbi's motion to enforce his arbitration agreement with the Hasidic Jewish organization. Although the original agreement was signed only by the leader of the Hasidic organization, he acted on behalf of the organization as a whole, which bound it to settle disputes via arbitration, regardless of who was in charge. Therefore, the dispute over ownership of the worship and community center will be decided via arbitration. Reversed.
Court: Connecticut Supreme Court, Judge: Alexander, Filed On: July 12, 2024, Case #: SC20787, Categories: arbitration, civil Procedure, Property
Per curiam, the Rhode Island Supreme Court denies a motorist’s appeal from a lower court order, denying her request to vacate a $15,000 arbitration award of her negligence claims against two motorists. The issues cannot be addressed due to her procedural failings.
Court: Rhode Island Supreme Court, Judge: Per curiam, Filed On: June 21, 2024, Case #: No. 2023-161-Appeal, Categories: arbitration, civil Procedure, Tort
Per curiam, the Rhode Island Supreme Court denies a car crash litigant’s appeal from a lower court order denying her request to vacate a $15,000 arbitration award on her negligence claims against two other motorists. The lower court found the litigant’s request to vacate the arbiter’s award due to a physician's testimony “had no legs whatsoever.” Furthermore, the appeal must also be dismissed because she did not follow procedural directions and the hearing justice did not consider the mechanism of “partial summary judgment."
Court: Rhode Island Supreme Court, Judge: Per curiam, Filed On: June 21, 2024, Case #: 2023-0161-Appeal, Categories: arbitration, civil Procedure
J. Sudderth upholds the trial court's affirmation of an arbitration award against an oilfield tool licensor accused by Halliburton of interfering with its contracts. Although the licensor argues there was no arbitration agreement between it and Halliburton, it failed to raise its objection before participating in the arbitration proceedings. Affirmed.
Court: Texas Courts of Appeals, Judge: Sudderth, Filed On: June 13, 2024, Case #: 02-23-00300-CV, Categories: arbitration, civil Procedure, Energy
J. VanMeter finds that KRS 446.080(3) does not apply retroactively in an action challenging an arbitration agreement stemming from claims brought against a nursing home because the decedent had not signed her power of attorney in front of two disinterested witnesses. The two-witness rule was subsequently removed, but the statutory language did not clarify legislative intent.
Court: Kentucky Supreme Court, Judge: VanMeter, Filed On: June 13, 2024, Case #: 2023-SC-0249-DG, Categories: arbitration, civil Procedure, Negligence
[Consolidated.] J. Sabatino finds that the trial court properly declined to compel arbitration in contract claims stemming from the construction of a house because sufficient grounds exist to find the parties waived arbitration, and the company's failure to timely recognize its right to arbitration constituted a mistake. Affirmed.
Court: New Jersey Appellate Division, Judge: Sabatino , Filed On: May 24, 2024, Case #: A-3120-22, Categories: arbitration, civil Procedure, Contract
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