13 results for 'cat:"Arbitration" AND cat:"Civil Procedure" AND cat:"Contract"'.
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. Palafox finds a lower court did not err in denying a motion to compel arbitration filed by a construction company against a customer after that customer sued, alleging faulty and late work on a pool. While the construction company argued there was a valid arbitration clause in their contract, they did not raise this demand until after almost two years of court fights, and while the construction company argued they were not aware of the arbitration clause until late in the case, they had in fact demanded arbitration much earlier. As a lawyer for the consumer argues, parties should have “knowledge of provisions contained in their own contracts.” Affirmed.
Court: Texas Courts of Appeals, Judge: Palafox, Filed On: February 15, 2024, Case #: 08-23-00102-CV, Categories: arbitration, civil Procedure, 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. Crawford adopts the magistrate judge’s report and recommendation and denies the plaintiff’s motion to invoke arbitration and the third-party defendants’ counterclaim motion to compel arbitration in this royalty agreement lawsuit. The court finds no error in assessment of credibility and weighing of evidence. The third-party defendants did not join the plaintiff’s complaint and were parties to previous arbitrations.
Court: USDC Vermont, Judge: Crawford, Filed On: October 12, 2023, Case #: 5:19cv243, NOS: Other Contract - Contract, Categories: arbitration, civil Procedure, contract
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J. Zimmerer finds that the trial court partly erred in denying the contractor's motion to compel arbitration of claims over alleged nonpayment of construction work on a daycare facility. The contractor had not waived its right to arbitrate as to some of the accused parties, so the case is stayed pending completion of the arbitration. Reversed in part.
Court: Texas Courts of Appeals, Judge: Zimmerer, Filed On: June 27, 2023, Case #: 14-22-00712-CV, Categories: arbitration, civil Procedure, contract
J. Soto finds a lower court ruled correctly in denying a motion to compel arbitration in a contract dispute between former business partners. While the parties did have an arbitration agreement, it narrowly applied to the terms of a construction contract between them and does not apply to the dispute here, which specifically concerns whether one party was “time-barred from seeking payment.” Affirmed.
Court: Texas Courts of Appeals, Judge: Soto, Filed On: June 23, 2023, Case #: 08-22-00232-CV, Categories: arbitration, civil Procedure, contract
J. Trauger partially grants the franchisor defendants' motion to compel arbitration in this suit alleging fraudulent inducement to contract. The plaintiff franchisee will be required to "submit his claims to arbitration," as the franchise agreement does not exclude fraudulent inducement claims from arbitration. The court will also stay the case, except for the request for a preliminary injunction, which is partially granted.
Court: USDC Middle District of Tennessee , Judge: Trauger, Filed On: May 16, 2023, Case #: 3:22cv775, NOS: Franchise - Contract, Categories: arbitration, civil Procedure, contract
J. Busby finds the court of appeals improperly ruled against the purchaser of a home who sued the home’s builder alleging construction defects. The court of appeals improperly determined that the homeowner was not bound by an arbitration clause in the purchase-and-sale agreement that was passed down from the original homeowner to the current one. The homeowner is required to arbitrate their claims because they are bound under the doctrine of direct-benefits estoppel. Reversed.
Court: Texas Supreme Court, Judge: Busby, Filed On: May 12, 2023, Case #: 21-0783 , Categories: arbitration, civil Procedure, contract