235 results for 'cat:"Arbitration" AND cat:"Contract"'.
J. Simon grants the business entities' motion to vacate the arbitration award, which came from the coffee shop retail chain's petition to have the business entities resolve geographic territory and franchise agreement disputes via arbitration. The arbitrator proceeded with the case despite knowing that a court would be resolving the question of who had the authority to determine whether the business entities were subject to arbitration.
Court: USDC Oregon, Judge: Simon, Filed On: April 3, 2024, Case #: 3:20cv976, NOS: Arbitration - Other Suits, Categories: arbitration, contract
J. Alvarez upholds the trial court's refusal to compel arbitration on parents' claims arising from injuries their child allegedly suffered while at a trampoline park. Although the park argues the father's friend signed the contract that contained the arbitration agreement on behalf of the father before entering the park, it is in dispute whether the streak mark on the agreement is his signature. Affirmed.
Court: Texas Courts of Appeals, Judge: Alvarez, Filed On: April 3, 2024, Case #: 04-23-00146-CV , Categories: arbitration, Tort, contract
J. Zachary finds that the trial court properly denied a law firm's motion to compel arbitration in breach of contract claims related to a shareholder agreement because claims brought under the properties and class action agreements were not bound by the arbitration agreement. Affirmed.
Court: North Carolina Court of Appeals, Judge: Zachary, Filed On: April 2, 2024, Case #: COA23-710, Categories: arbitration, contract
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J. Vitter grants a request by two domestic insurers and two foreign insurers who jointly provide a surplus lines policy, staying a failure-to-cover suit filed by an apartment complex owner pending arbitration of claims related to fire damage. Although the owner does not dispute his policy’s arbitration provision regarding the foreign insurers, he argues state law prohibits arbitration clauses as to domestic insurers. However, the state law he cites does not apply to surplus line policies.
Court: USDC Eastern District of Louisiana , Judge: Vitter, Filed On: March 29, 2024, Case #: 2:23cv7066, NOS: Insurance - Contract, Categories: arbitration, Insurance, contract
J. Simmons grants a digital bank's motion to compel arbitration against a borrower who claims the bank failed to protect her and other borrowers from cybercriminals. Although the borrower submitted her loan application through a portal hosted by Wisetack and agreed to Wisetack's terms of service, which included an arbitration clause, the borrower's claims against the online bank are "intimately founded in and intertwined with" the underlying contract. Therefore, the doctrine of equitable estoppel applies and the bank may enforce Wisetack's arbitration agreement as a non-signatory party.
Court: USDC Southern District of California, Judge: Simmons, Filed On: March 29, 2024, Case #: 3:23cv813, NOS: Other Personal Property Damage - Torts - Personal Property, Categories: arbitration, Privacy, contract
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
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. 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
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. Silva finds that the lower court properly denied the appellant funeral home's motion to compel arbitration of the family members' negligence claims stemming from the appellant's handling of the decedent's remains. The funeral home contends that the decedent's sister signed a funeral services agreement that contained a valid arbitration clause and also argues that the appellees "were bound by this agreement" under the doctrine of direct-benefits estoppel. However, the court concludes that the claims at issue are "outside the scope of the agreement." Affirmed.
Court: Texas Courts of Appeals, Judge: Silva, Filed On: March 21, 2024, Case #: 13-23-00297-CV, Categories: arbitration, Negligence, contract
J. Drozd refuses to compel arbitration or dismiss a worker’s putative class wage and hour claims against an equipment company. The worker did not directly sign the arbitration agreement or the handbook within which it was located, the arbitration clause was not prominently distinguished from the other 69 sections of the handbook, and the handbook said it was neither a contract nor a legal document.
Court: USDC Eastern District of California, Judge: Drozd, Filed On: March 20, 2024, Case #: 1:23cv979, NOS: Employment - Civil Rights, Categories: arbitration, contract, Labor
J. Cole finds the lower court properly granted the freight broker's motion to compel arbitration with the trucking company. The Section 1 exemption of the Federal Arbitration Act, which excludes employment agreements between companies and rail workers, does not apply to this case, which involves a contract between two business entities. Affirmed.
Court: 6th Circuit, Judge: Cole, Filed On: March 18, 2024, Case #: 23-1777, Categories: arbitration, Employment, contract
J. Thompson grants a hospital and its chief of surgery’s motion to stay and compel arbitration in this employment dispute brought by a former employee. The employee must pursue her numerous claims, including fraud, negligence, sex discrimination, and assault and battery claims, through arbitration and this case is administratively closed pending the outcome.
Court: USDC Middle District of Alabama, Judge: Thompson, Filed On: March 18, 2024, Case #: 2:22cv178, NOS: Employment - Civil Rights, Categories: arbitration, Employment, Interference With contract
J. Volk grants the insurance company’s and related defendants' joint motion to lift the stay, and for confirmation and enforcement of the Bermuda arbitrator's awards in the human resource firm's breach of contract suit. The firm's argument to deny recognition of the 2023 awards citing the "public-policy defense" from Article V in the 1958 United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards is unpersuasive since the claim of the arbitrator's lack of impartiality was foreclosed when they failed to appeal to the Bermuda Supreme Court within 30 days of an arbitration panel's decision.
Court: USDC Southern District of West Virginia, Judge: Volk , Filed On: March 18, 2024, Case #: 5:18cv1082, NOS: Other Contract - Contract, Categories: arbitration, Insurance, contract