235 results for 'cat:"Arbitration" AND cat:"Contract"'.
J. Brown denies requests by a general contractor and its surety to dismiss a subcontractor’s Miller Act claim totaling $1.1 million for work allegedly performed on a federal construction project in New Orleans on grounds the subcontractor’s claims are subject to arbitration. Citing Fifth Circuit precedent, the ruling rejects dismissal of the federal suit as both inimical to the law giving a subcontractor the right to sue a surety issuing a bond to a general contractor and as a hindrance to litigants from arbitrating their disputes. Therefore, the subcontractor’s federal Miller Act claims against the surety are stayed, pending arbitration of the subcontractor’s state law claims against the general contractor.
Court: USDC Eastern District of Louisiana , Judge: Brown, Filed On: December 1, 2023, Case #: 2:23cv2119, NOS: Miller Act - Contract, Categories: arbitration, Construction, contract
J. Pucinski finds that the lower court properly denied the lender's motion to compel arbitration on counterclaims asserted by the car purchasers who defaulted on their payment obligations. The lender exercised its contractual right to litigate this dispute, and its choice to litigate extends to the purchasers' counterclaims. Affirmed.
Court: Illinois Appellate Court, Judge: Pucinski, Filed On: November 27, 2023, Case #: 221804, Categories: arbitration, Banking / Lending, contract
J. Lee finds the district court improperly denied the firearm maker's motion to compel arbitration with another manufacturer in this suit filed after certain contracted-for firearms required repairs before sale. The party seeking to compel arbitration in this case has demonstrated the right to enforce the contract by its manufacturing relationship with the signatory, and compelling the other non-signatory can be appropriate in such circumstance under standard contract law. Reversed.
Court: Nevada Supreme Court, Judge: Lee , Filed On: November 16, 2023, Case #: 84142, Categories: arbitration, Business Expectancy, contract
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J. Horton, in this interlocutory appeal, finds the trial court improperly denied the homebuilder's motion to arbitrate the homeowner's claims of breach of implied warranty of workmanship. The homeowner purchased the home from the original owner who bought it from the builder, and did not sign the arbitration agreement. Under the doctrine of direct benefits estoppel, the agreement is valid and enforceable against the second owner. All claims against the builder fall withing the scope of arbitration. Reversed.
Court: Texas Courts of Appeals, Judge: Horton, Filed On: November 16, 2023, Case #: 09-21-00354-CV, Categories: arbitration, Construction, contract
J. Worthen finds the trial court properly confirmed the arbitration award in favor of the medical center in this suit brought by the law firm contracted to collect on unpaid patient accounts. The medical center sold its assets, including the collection contracts, which were not assumed by the purchaser. The purchaser owned the account database and denied the law firm access. The parties agreed to arbitration and the law firm was granted a fee upon account collection, but not upon their sale. The award accorded with the arbitration agreement and the law firm fails to establish that the arbitrator exceeded his powers. There are no grounds for vacatur. The law firm offers no evidence of data falsification. Affirmed.
Court: Texas Courts of Appeals, Judge: Worthen, Filed On: November 8, 2023, Case #: 12-22-00124-CV, Categories: arbitration, Debt Collection, contract
J. Rochon denies the third-party seller's motion to vacate an arbitration award in favor of Amazon based on the e-commerce giant's withholding of $524,000 in payments due to the seller's violation of its policy regarding incentives for positive reviews. The arbitrator ultimately allowed Amazon to keep $100,000 of the funds as a penalty for the company's policy violation and based on evidence that the company used a false identity to mask its true owners. There is no public policy ground to vacate the award, and the damages are reasonable given the difficulty in quantifying the impact to Amazon's brand and reputation.
Court: USDC Southern District of New York, Judge: Rochon, Filed On: November 7, 2023, Case #: 1:23cv3334, NOS: Arbitration - Other Suits, Categories: arbitration, Business Practices, contract
J. Vitter grants a Texas-based corporation’s motion to dismiss, for lack of jurisdiction, a breach of contract suit filed by a Louisiana businessowner who alleges he paid $55,000 for services to his web-based Amazon ecommerce store. The Texas business’s limited contacts with Louisiana do not satisfy jurisdictional requirements. The contractual dispute is ordered to arbitration as requested by the Texas corporation.
Court: USDC Eastern District of Louisiana , Judge: Vitter, Filed On: November 6, 2023, Case #: 2:23cv3847, NOS: Other Contract - Contract, Categories: arbitration, Jurisdiction, contract
J. Ellison grants, in part, a union's motion for summary judgment in its action to compel a security company to arbitrate a court security officer's grievance. The dispute at issue is arbitrable under the parties' collective bargaining agreement.
Court: USDC Southern District of Texas, Judge: Ellison, Filed On: November 3, 2023, Case #: 4:23cv1813, NOS: Labor/Management Relations - Labor, Categories: arbitration, contract, Labor / Unions
J. Chin finds that the district court should have compelled arbitration in class consumer claims brought after payments made on a "buy now, pay later" service were deducted from an insufficient bank account, incurring overdraft fees. Upon making the online purchase, plaintiff clicked through several screens, including a proprietary "widget" that provided conspicuous notice of the arbitration provisions, and she consented to those terms by continuing to click through the agreement. Reversed.
Court: 2nd Circuit, Judge: Chin, Filed On: November 3, 2023, Case #: 22-557-cv, Categories: arbitration, Class Action, contract
J. Stark finds the circuit court properly denied the credit union's motion to compel arbitration in a class action lawsuit from a consumer claiming the credit union collected unlawful overdraft fees from its members. The credit union did not have contractual authority to add an arbitration clause to its membership agreement in 2021 and use it to attempt to compel arbitration and withdraw its members' right to participate in class action litigation, as that term was not part of the original contract at dispute. The consumer, who opened his account in 1991, also did not technically approve of the clause by not specifically opting out of its provisions and continuing to use his account, so it cannot be enforced against him. Affirmed.
Court: Wisconsin Court of Appeals, Judge: Stark, Filed On: October 24, 2023, Case #: 2022AP000887, Categories: arbitration, Class Action, contract
J. Silva finds that the lower court improperly denied the appellant funeral home's motion to compel arbitration in this dispute concerning embalmment and visitation services provided under a contract. The appellee, who is the daughter of the decedent, was bound by the arbitration agreement, since she "received a benefit of the contracted service." Reversed.
Court: Texas Courts of Appeals, Judge: Silva, Filed On: October 19, 2023, Case #: 13-23-00042-CV, Categories: arbitration, contract
J. Miller finds that the trial court properly confirmed an arbitration award in favor of the attorney in a breach of contract action arising from an employment compensation dispute and correctly denied the firm's motion to vacate the award. The arbitrators did not fundamentally change the award by adding a provision stating that the firm and the company were jointly and severally liable for the damages. The legal effect of the award was the same even after the change. The attorney's motion to confirm the award was timely. However, the trial court incorrectly awarded $35,000 in post-judgment interest. The case is remanded for the trial court to clarify the basis for the award. Affirmed in part.
Court: Georgia Court of Appeals, Judge: Miller, Filed On: October 18, 2023, Case #: A23A0985, Categories: arbitration, contract
J. Dato finds that an arbitrator created a reasonable impression of possible bias in finding that a party to a real estate transaction lacked credibility because she used an interpreter during proceedings. The party has lived in the U.S. for decades, conducted business here and even worked as an interpreter herself, but the use of an interpreter in a high-stakes arbitration proceeding does not permit an inference of deception. Reversed.
Court: California Courts Of Appeal, Judge: Dato, Filed On: October 17, 2023, Case #: D080801, Categories: arbitration, Real Estate, contract
J. Hampson finds that the trial court improperly denied a builder's motion to compel arbitration in Tennessee in breach of contract claims concerning unpaid invoices for plumbing services because issues remain in dispute as to whether the transaction involved interstate commerce and whether the federal arbitration act applies. Reversed.
Court: North Carolina Court of Appeals, Judge: Hampson, Filed On: October 17, 2023, Case #: COA23-228, Categories: arbitration, Preemption, 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
J. Gallagher finds the trial court properly determined the scope of the arbitration clause in the parties' vehicle purchase contract. There was no explicit language in the agreement that required arbitrability be determined by an arbitrator, while the lender's conduct in litigating the case for over 15 months before requesting arbitration was also a clear waiver of its arbitration rights. Affirmed.
Court: Ohio Court Of Appeals, Judge: Gallagher, Filed On: October 12, 2023, Case #: 2023-Ohio-3714, Categories: arbitration, contract
J. Hanisee finds the lower court properly granted the dealership's motion to compel arbitration. While the vehicle sales contract barred any award of punitive damages against the dealership, it was not unconscionable or unenforceable, as it allowed the buyer to pursue treble damages specified in New Mexico's Unfair Practices Act. Affirmed.
Court: New Mexico Court of Appeals, Judge: Hanisee, Filed On: October 10, 2023, Case #: A-1-CA-39940, Categories: arbitration, Damages, contract
J. Soto finds a lower court erred in denying a motion to compel arbitration brought by a health care center after it was sued by a former employee in a slip and fall lawsuit. The employee argued an arbitration agreement she’d signed as part of her onboarding was not valid because it not explicitly state the parties to the arbitration agreement, but while the premises parties have indeed “failed to meet this burden,” they are “nevertheless entitled to compel arbitration,” including based on Texas Supreme Court precedent. Reversed.
Court: Texas Courts of Appeals, Judge: Soto, Filed On: October 6, 2023, Case #: 08-23-00033-CV, Categories: arbitration, Tort, contract