786 results for 'cat:"Arbitration"'.
J. Brown finds that the trial court properly denied the owner's motion to dismiss a breach of contract action bought by the contractor but incorrectly denied the owner's motion to compel arbitration. The owner did not waive his right to arbitration by his conduct after the action was filed. The owner did not engage in substantial discovery before demanding arbitration. The trial court improperly entered a final money judgment in favor of the contractor in the amount of $100,000. The case is remanded for the trial court to compel the parties to submit to arbitration. Reversed in part.
Court: Georgia Court of Appeals, Judge: Brown, Filed On: May 29, 2024, Case #: A24A0348, Categories: arbitration, Contract
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J. Cronan grants Starbucks' motion to compel arbitration in an employment discrimination and retaliation suit filed by a barista. The barista claims he does not recall signing the arbitration agreement, but that is insufficient to create a genuine dispute of material fact as to whether he signed the document, particularly given that he admits to filling out electronic paperwork when he was hired.
Court: USDC Southern District of New York, Judge: Cronan, Filed On: May 28, 2024, Case #: 1:23cv6951, NOS: Employment - Civil Rights, Categories: arbitration, Employment Discrimination, Employment Retaliation
J. Graves finds the district court properly concluded the employment arbitration agreement is subject to rules of Judicial Arbitration and Mediation Services. The former employee filed a putative collective action against his former employer for unpaid overtime, liquidated damages and attorney fees; and both parties have consented to arbitration. The agreement clearly incorporates the arbitration group's rules by reference, delegating questions of arbitrability to the arbitrator, including whether class arbitration is available. Affirmed.
Court: 5th Circuit, Judge: Graves , Filed On: May 28, 2024, Case #: 23-20120, Categories: arbitration, Employment, Class Action
J. Brailsford grants a licensed broker-dealer's motion to dismiss, denies in part its motion to compel arbitration and stays the case pending arbitration. A credit union alleges that former employees went to work for a competitor and "aggressively solicited" its customers and employees for the benefit of the competitor. The credit union asserts claims of wrongful conduct against the competitor and former employees, but not against the licensed broker-dealer. The credit union must arbitrate its claims against the former employees, but is not required to arbitrate its remaining claims.
Court: USDC Idaho, Judge: Brailsford, Filed On: May 24, 2024, Case #: 4:23cv433, NOS: Other Contract - Contract, Categories: arbitration, Trade Secrets, Contract
J. Zukin finds that the trial court properly refused to compel arbitration of a former employee's discrimination and harassment suit against her former employer and two coworkers. The infinite scope and duration of the arbitration clause in the former employee's employment agreement, as well as its lack of mutuality, were substantively unconscionable. And severance of those provisions would require impermissibly substantive rewriting of the agreement. Affirmed.
Court: California Courts Of Appeal, Judge: Zukin, Filed On: May 24, 2024, Case #: B330640, Categories: arbitration, Employment
[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
J. Jackson finds that the circuit court properly ruled in contract claims between a crypto exchange company and its users because the court, not an arbitrator, must determine which user contract superseded the other.
Court: US Supreme Court, Judge: Jackson, Filed On: May 23, 2024, Case #: 23-3, Categories: arbitration, Contract
J. Toliver finds that a union that claims that an employer violated their labor contract by not providing the union notice prior to hiring outside contractors to perform work included in union contract, is entitled to arbitration according to the labor contract. The employer’s claims that the contract does not provide a remedy for the lack of notice is not sufficient to deny arbitration because an arbitrator may provide a remedy. The union’s motion for summary judgment is granted.
Court: USDC Northern District of Texas , Judge: Toliver, Filed On: May 23, 2024, Case #: 3:22cv2875, NOS: Labor/Management Relations - Labor, Categories: arbitration, Labor / Unions
J. Berger finds that the court of appeals properly held that an arbitration amendment was valid and enforceable in a breach of contract dispute between an account holder and her credit union because the amendment fell within the "universe of terms of the contract" and complied with the implied covenant of good faith. Affirmed.
Court: North Carolina Supreme Court, Judge: Berger, Filed On: May 23, 2024, Case #: 10A23, Categories: arbitration, Banking / Lending, Contract
J. Fricke grants the online marketplace company's motion to compel arbitration in the consumer's complaint alleging that he woke up during the evening and stepped out of his tent on the online marketplace company's campsite, fell 80 feet and sustained serious injuries. The consumer brings claims of tort-premises liability negligence and gross negligence while arguing that he is not relying on the contract's terms of use for his claims, but the consumer would not have been at the campsite at that time if not for his romantic partner agreeing to the terms of use in her contract with the company, and thus the arbitration clause in the contract applies.
Court: USDC Western District of Washington, Judge: Fricke, Filed On: May 22, 2024, Case #: 3:23cv6156, NOS: Other Personal Injury - Torts - Personal Injury, Categories: arbitration, Contract
J. Moor finds that the trial court improperly applied state arbitration laws in granting an employee's motion to withdraw from arbitration. The parties expressly chose to apply the Federal Arbitration Act's substantive and procedural provisions to any dispute, so the employer's failure to timely pay arbitration fees as required under state law did not void the agreement. Reversed.
Court: California Courts Of Appeal, Judge: Moor, Filed On: May 22, 2024, Case #: B323303, Categories: arbitration, Employment, Preemption
J. Feuer finds that the trial court properly denied an employer's motion to compel arbitration of an employee's complaint seeking a buyout of his partnership interest. The employee clearly and explicitly refused to sign the arbitration agreement, so there was no mutual assent to arbitrate, and his continued employment after the provision was incorporated into the employee handbook only goes to show that the employer had acquiesced to his refusal. Affirmed.
Court: California Courts Of Appeal, Judge: Feuer, Filed On: May 22, 2024, Case #: B327665, Categories: arbitration, Employment, Partnerships
[Consolidated.] J. Marbley grants the solar power company's motion to dismiss and compel arbitration, ruling that while sales employees urged customers to "act fast" when they presented the financing contract, they never misrepresented the nature of the agreement or its arbitration clause, while the customers also failed to ask for time to read the agreement in its entirety; therefore, the arbitration clause is not unconscionable and the claims must be decided via arbitration.
Court: USDC Southern District of Ohio, Judge: Marbley, Filed On: May 21, 2024, Case #: 2:22cv3174, NOS: Other Contract - Contract, Categories: arbitration, Consumer Law, Contract
Per curiam, the appellate division finds that the lower court properly declined to vacate an arbitration award granted for employment discrimination and retaliation under the Federal Arbitration Act. The arbitrator clearly analyzed the evidence in a detailed and typical way and was not required to address every possible theory of discrimination. The retaliation claim comes down to credibility determinations that should generally not be reviewed on appeal. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 21, 2024, Case #: 02788, Categories: arbitration, Employment Discrimination, Employment Retaliation
J. Sabraw denies a debt collector's motion for arbitration against the borrower’s unfair debt collection practices lawsuit. The collector knew of its right to compel arbitration but did not assert that right until nearly seven months after the borrower filed his complaint. The collector instead filed an answer to the complaint that did not assert arbitration as an affirmative defense and entered into the discovery process. Therefore, the collector has waived its right to arbitrate.
Court: USDC Southern District of California, Judge: Sabraw, Filed On: May 21, 2024, Case #: 3:23cv86, NOS: Other Contract - Contract, Categories: arbitration, Debt Collection
Per curiam, the appellate division finds that the lower court improperly declined to permit one member of a corporation from claiming that he was wrongly ousted. The issue was not fully decided in the prior arbitration proceeding, and claims of aiding and abetting unfair voting were not before the arbitrator. However, money damages are barred by the doctrine against double recovery. Reversed in part.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 21, 2024, Case #: 02791, Categories: arbitration, Corporations, Damages
J. Maxa finds that the lower court properly issued an order compeling arbitration in a contract dispute between an anesthesiologist and a medical company for which she agreed to provide services. The claims in question were clearly covered by the arbitration language of the relevant agreement. The lower court also correctly ruled that under the forum selection clause of the agreement, the arbitration needs to take place in Atlanta, Georgia. Affirmed.
Court: Washington Court Of Appeals, Judge: Maxa, Filed On: May 21, 2024, Case #: 57864-6-II, Categories: arbitration, Contract
J. Bashant denies both sides' motions to vacate an arbitration award in the auction participants' lawsuit accusing a luxury property auctioneer of placing fictitious bids in order to rack up auction prices. The arbitration panel found against the consumers on all claims except their conversion claim, for which it awarded them $18,427 in damages. The panel also found that neither side was the prevailing party, so the parties were responsible for their own attorney fees. The panel's decision was not irrational, nor did it exceed its powers.
Court: USDC Southern District of California, Judge: Bashant, Filed On: May 20, 2024, Case #: 3:17cv2263, NOS: Other Fraud - Torts - Personal Property, Categories: arbitration, Conversion, Attorney Fees
J. Shah grants a digital asset trading platform’s motion to compel of its users’ claims to arbitration, but denies the platform’s motion to dismiss. The user claims the platform illegally collected and stored her facial geometry when she created an account with it, but the court finds that the amended terms of her account contract bind her to arbitration on several threshold issues. The court stays these proceedings, not dismisses them, pending the results of that arbitration.
Court: USDC Northern District of Illinois, Judge: Shah, Filed On: May 20, 2024, Case #: 1:23cv4906, NOS: Other Personal Injury - Torts - Personal Injury, Categories: arbitration, Privacy, Business Practices