235 results for 'cat:"Arbitration" AND cat:"Contract"'.
J. Wilson finds the lower court improperly denied an owner’s motion to compel arbitration. The owner of two construction projects had a contract with a general contractor to provide construction services for those projects. The contracts for both projects had arbitration provisions. While the arbitration agreements state only certain claims will be arbitrated, the terms clearly state that an arbitrator must make the determination if the claims are arbitrable. The matter is remanded to the lower court to determine if proceedings should be stayed on one project pending the arbitration of the other. Reversed.
Court: Texas Courts of Appeals, Judge: Wilson, Filed On: March 14, 2024, Case #: 14-22-00641-CV, Categories: arbitration, Construction, contract
J. Partida-Kipness finds that the lower court properly denied the appellant insurance company's motion to compel arbitration in this dispute involving "the scope of a release in a settlement agreement between the parties." The declaratory claims at issue fall under the settlement agreement's forum-selection clause. The court also concludes that the agreement "superseded the ADR Endorsement" contained in an excess liability policy with respect to the declaratory claims. Affirmed.
Court: Texas Courts of Appeals, Judge: Partida-Kipness, Filed On: March 13, 2024, Case #: 05-23-00719-CV, Categories: arbitration, Insurance, contract
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[Consolidated.] J. Marbley grants the private equity company's motion to dismiss, ruling that because it is based in Florida and had no connection to the solar power company based in Ohio other than an initial 25 percent investment in the company, this court lacks jurisdiction over the claims brought against it. Meanwhile, because there is no evidence of coercion or deception on the part of the solar power company as it relates to the arbitration provision found in the customers' contracts, the solar company's motion to dismiss and compel arbitration is also granted.
Court: USDC Southern District of Ohio, Judge: Marbley, Filed On: March 11, 2024, Case #: 1:22cv721, NOS: Other Contract - Contract, Categories: arbitration, Jurisdiction, contract
J. Wallace finds that the district court improperly denied an airline’s motion to compel arbitration in consumers’ putative class action alleging that the airline breached their contract by not issuing a refund following flight cancellations for tickets that they purchased through a third-party vendor. The district court erred in denying the airline's motion to compel arbitration and the matter is remanded with instructions to either dismiss or stay the action pending arbitration. Reversed.
Court: 9th Circuit, Judge: Wallace , Filed On: March 11, 2024, Case #: 21-16083, Categories: arbitration, contract
J. Ho finds the district court properly found in favor of World Wrestling Entertainment on a spectator's allegations he was injured at an event and is not bound to the arbitration agreement printed on his ticket because it was a gift from his nephew. Any individual who permits a third-party to present a ticket for admittance to an event on his behalf is bound by the terms and conditions governing the use of the ticket. Affirmed.
Court: 5th Circuit, Judge: Ho , Filed On: March 8, 2024, Case #: 23-10491, Categories: arbitration, Premises Liability, contract
J. Gladwin finds the county court properly denied the eldercare facility's motion to compel arbitration on an estate's claims the mother sustained injuries, infections and an untimely death. The daughter controlling the mother's financial matter's acceptance of the care is not sufficient to constitute implied ratification considering her sister's improper execution of the agreement under the assumption of authority pursuant to her appointment as an alternate agent for power of attorney. There was no valid arbitration agreement. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Gladwin , Filed On: February 28, 2024, Case #: CV-22-400, Categories: arbitration, Health Care, contract
J. Gaertner finds that the lower court improperly denied the construction contractor's motion to compel arbitration of a contract dispute with its concrete supplier. The parties' contract vests exclusive determination of arbitrability with the arbitrator and the Federal Arbitration Act preempts the Missouri Uniform Arbitration Act. Reversed.
Court: Missouri Court Of Appeals, Judge: Gaertner, Filed On: February 27, 2024, Case #: ED111680, Categories: arbitration, Construction, contract
J. Whitehead dismisses the pharmaceutical company's attempt to vacate, modify or correct the $310,000 arbitration award in the former employee's favor after the pharmaceutical company fired her without notice. This court does not have jurisdiction over the former employee because she is a Minnesota citizen who had Minneapolis listed as her primary location and who did not have “continuous and systematic” contacts with Washington during her employment.
Court: USDC Western District of Washington, Judge: Whitehead, Filed On: February 27, 2024, Case #: 2:23cv700, NOS: Other Contract - Contract, Categories: arbitration, Jurisdiction, contract
J. Cummings partially grants a real estate crowdfunding platform and payroll management company’s motions to compel arbitration in an employment suit brought by one of the platform’s former executives. The former executive claims the defendants owe her the bonuses she earned in 2022, along with 90 days’ notice wages. The defendants moved for arbitration on her wage claims. The court finds arbitration is appropriate for the former executive’s dispute with the payroll management company, and stays the underlying claims against the real estate platform while that arbitration is pending.
Court: USDC Northern District of Illinois, Judge: Cummings, Filed On: February 22, 2024, Case #: 1:23cv4120, NOS: Other Contract - Contract, Categories: arbitration, Employment, contract
J. Tunheim grants the contest entrant's motion to confirm an arbitration award in a dispute centered on a promised reward for proof that data the pillow magnate used to dispute the 2020 election did not "reflect information related to the November 2020 election." An arbitration panel's did not exceed its authority in interpreting the parties' contract by determining that the contestant's finding that the data did not contain any packet capture data, which would be expected given the way the magnate claimed to have obtained the data, was sufficient to fulfill the contest's terms.
Court: USDC Minnesota, Judge: Tunheim, Filed On: February 21, 2024, Case #: 0:23cv1433, NOS: Arbitration - Other Suits, Categories: arbitration, Elections, contract
J. Brennan finds that the lower court properly found that the children of guardians who activated DNA test kits on their behalf are not bound by the arbitration agreement signed by the guardians who signed up for the genetic testing service. Therefore, the children may sue Ancestry for violating their privacy rights by disclosing their confidential genetic information when another business acquired Ancestry.com. Affirmed.
Court: 7th Circuit, Judge: Brennan, Filed On: February 15, 2024, Case #: 22-2813, Categories: arbitration, Privacy, 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. Estudillo compels arbitration in the port's lawsuit seeking the enforcement of the arbitration award ordering the railway company to discontinue bringing unauthorized cars onto the port's property. Among other reasons, the arbitration is ambiguous because the panel's expectations and suggestions on what the railway company could do is not the same as concrete instructions, so judicial interpretation is inappropriate at this time.
Court: USDC Western District of Washington, Judge: Estudillo, Filed On: February 15, 2024, Case #: 3:23cv5560, NOS: Recovery of Overpayment & Enforcement of Judgment - Contract, Categories: arbitration, Property, contract
J. Rubin finds the lower court improperly enforced an arbitration award. This dispute concerns two wireless communications companies over breach of contract, trade secret misappropriation and deceptive trade practices. The court did not have an independent basis of subject matter jurisdiction to confirm the arbitration award. Reversed.
Court: 4th Circuit, Judge: Rubin, Filed On: February 14, 2024, Case #: 22-1253, Categories: arbitration, Trade Secrets, contract
J. King denies the retail company's motion to compel arbitration in the customer's class action accusing the retail company of using fake time-limited discount offers. The retail company's arbitration clause contains a carveout provision for actions that seek injunctive relief, so the customer's suit falls outside the scope of the arbitration agreement. However, because a forum selection clause is also contained in the carveout provision, the parties must show cause within 21 days as to why the case should not be transferred to the Southern District of California.
Court: USDC Western District of Washington, Judge: King, Filed On: February 13, 2024, Case #: 2:23cv408, NOS: Other Contract - Contract, Categories: arbitration, Class Action, contract
J. Cabret finds the superior court properly entered orders dismissing without prejudice and compelling arbitration in the employee's lawsuit in part claiming he was wrongfully fired by the resort company. The employee incorrectly argues that the parties' arbitration agreement only covers "previously asserted claims" and not the claims in his lawsuit. Because the plain language of the agreement clearly includes the employee's claims, and because he has failed to show the agreement is unconscionable, the superior court's orders stand even though it made an error in holding that the agreement is governed by the Federal Arbitration Act. Affirmed.
Court: Virgin Islands Supreme Court, Judge: Cabret, Filed On: February 9, 2024, Case #: 2024 VI 11, Categories: arbitration, Employment, contract
J. Cabret finds the superior court properly confirmed a more than $1 million arbitration award in favor of the construction firm in its dispute with the condo association over payment for wastewater and sewerage services the firm provided. In part because the association failed to timely challenge the correctness of the award within the three-month limitation established in the Federal Arbitration Act, the superior court's judgments affirming the arbitration award stand. Affirmed.
Court: Virgin Islands Supreme Court, Judge: Cabret, Filed On: February 8, 2024, Case #: 2024 VI 10, Categories: arbitration, contract
J. Jewell finds that the trial court improperly denied the trampoline park's motion to compel arbitration of a personal injury suit brought by the mother of a minor child who hurt his foot at its facility. The arbitrator must decide the issue of whether the prior release and indemnification signed by the mother applied to the subsequent visit when the child was injured since it relates to the scope of the agreement. Reversed.
Court: Texas Courts of Appeals, Judge: Jewell, Filed On: February 8, 2024, Case #: 14-23-00090-CV, Categories: arbitration, Negligence, contract