235 results for 'cat:"Arbitration" AND cat:"Contract"'.
J. Miller finds the trial court properly compelled arbitration in a lawsuit the cosmetic surgery clinic faces from a patient who discovered nude pictures of herself on Instagram after undergoing surgery at the clinic. Though she claims the arbitration agreement was unlawful because it was presented to her on the eve of her surgery after she had already paid her deposit, the patient's claims that the contract is unconscionable and was made under duress fail, so the trial court's order compelling arbitration is upheld. However, under the Revised Florida Arbitration Code, the trial court should have stayed and not dismissed the lawsuit, so that part of the trial court's order is overturned and the case is remanded. Affirmed in part.
Court: Florida Courts Of Appeal, Judge: Miller, Filed On: October 4, 2023, Case #: 22-1927, Categories: arbitration, Privacy, contract
J. Ruiz grants the solar power company's motion to dismiss and compel arbitration, ruling none of the buyer's arguments regarding hard sell tactics relate specifically to the arbitration provision in the parties' contract and, therefore, cannot be used to render that provision unconscionable or unenforceable.
Court: USDC Northern District of Ohio, Judge: Ruiz, Filed On: September 28, 2023, Case #: 5:22cv1238, NOS: Other Contract - Contract, Categories: arbitration, Fraud, contract
J. Chasanow denies a subprime credit card loan originator’s motion to compel arbitration in this class action suit brought by a group of borrowers. According to the agreement the borrowers signed, arbitration is necessary when “required by law,” but the agreement fails to define any such law and so cannot be enforced.
Court: USDC Maryland, Judge: Chasanow, Filed On: September 26, 2023, Case #: 8:23cv827, NOS: Consumer Credit - Other Suits, Categories: arbitration, Class Action, contract
J. Hyman finds that the lower court improperly ruled for Airbnb in a personal injury suit stemming from a man's permanent injury when a railing gave way on a porch deck of a home booked by a friend through the rental service. The man had nothing to do with booking the property on Airbnb, so the arbitration provision in the site's terms of service does not apply to him. Reversed.
Court: Illinois Appellate Court, Judge: Hyman, Filed On: September 22, 2023, Case #: 230356, Categories: arbitration, contract
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J. Yun finds the lower court properly denied the apartment complex owners' motion to compel arbitration because the wrongful death claims filed by the estate of the tenant killed in a fire are governed by the Colorado Premises Liability Act, not the parties' lease agreement, and, therefore, were not subject to that contract's arbitration provision. Affirmed.
Court: Colorado Court Of Appeals, Judge: Yun, Filed On: September 21, 2023, Case #: 2023COA84, Categories: arbitration, Wrongful Death, contract
J. Carr finds a lower court improperly dismissed the Republic of Mozambique's contract claims against a naval ship building company. The ship building company argued that Mozambique is obligated to guarantee loans it took out to forge supply contracts with third parties in a certain economic zone. However, even though Mozambique presented evidence in court that the ship builder took bribes from corrupt officials, both parties are bound to an arbitration clause in the agreement. Reversed.
Court: Supreme Court of the United Kingdom, Judge: Carr, Filed On: September 20, 2023, Case #: A4-202-1467, Categories: arbitration, Fraud, contract
J. Bokor finds the trial court improperly compelled the finance firm to arbitrate its claims against the tropical foods distributor because it is an assignee of a company with which the distributor had an arbitration agreement. Because there are key factual disputes about whether this third-party agreement applies to the firm, the trial court's order is overturned and the matter is remanded for an evidentiary hearing. Reversed.
Court: Florida Courts Of Appeal, Judge: Bokor, Filed On: September 20, 2023, Case #: 22-1029, Categories: arbitration, contract
J. Hoyle finds that the trial court improperly granted summary judgment to the construction consultant in this breach of contract suit brought against the plumbing contractor. The consultant says that the contractor did not properly request arbitration. Though the contractor could have demanded a waiver more promptly, this does not establish that it substantially invoked the judicial process to the extent required to demonstrate a waiver of arbitration. Reversed.
Court: Texas Courts of Appeals, Judge: Hoyle , Filed On: September 20, 2023, Case #: 12-23-00009-CV, Categories: arbitration, Construction, contract
Per curiam, the appeals court finds the trial court properly dismissed the property owner's lawsuit against the condo association because, under Florida rules, it was required to enter nonbinding arbitration with the association before filing its declaratory judgment action, which it did not. Affirmed.
Court: Florida Courts Of Appeal, Judge: Per curiam, Filed On: September 20, 2023, Case #: 22-0656, Categories: arbitration, Property, contract
J. Stegner finds that the trial court properly compelled arbitration of a construction contract dispute. The builder did not waive its right to arbitration by first engaging in discovery and discussions about mediation. The right to seek arbitration is a contractual right subject to traditional contract interpretation, and the builder expressly preserved its right to arbitrate throughout the dispute. Affirmed.
Court: Idaho Supreme Court, Judge: Stegner, Filed On: September 8, 2023, Case #: 49637, Categories: arbitration, Construction, contract
J. Lasnik denies summary judgment to the insurance company regarding the insured's claim that the insurance company must pay her the $76,100 arbitration award under her underinsured motorist (UIM) coverage. The fact that the insured opted to settle for payment of the full benefits under the at-fault motorist's inadequate insurance policy rather than pursue a lawsuit to judgment does not preclude the insured's claim for the insurance company's UIM benefits.
Court: USDC Western District of Washington, Judge: Lasnik, Filed On: September 7, 2023, Case #: 2:22cv1370, NOS: Insurance - Contract, Categories: arbitration, Insurance, contract
J. Kelly partially grants the union's summary judgment motion and confirms the arbitration decision and award in this dispute over a collective bargaining agreement. Contrary to the electric company's argument, the company "agreed to submit the subjects of negotiation at issue here" to the Council on Industrial Relations. The court denies the union's request for an audit of the company's business records, however, as well as its request for attorney fees.
Court: USDC Northern District of Oklahoma , Judge: Kelly, Filed On: September 6, 2023, Case #: 4:21cv246, NOS: Labor/Management Relations - Labor, Categories: arbitration, contract, Labor / Unions
J. Quereshi partially grants a medical waste firm its motions for default judgment and confirmation of the arbitrator’s award after a contract dispute with its IT company customer. The customer has failed to participate in arbitration and court proceedings, warranting default judgment. The firm is awarded over $104,000 including the contractual claim and attorneys’ fees and costs, although its award is lower than it requested because its counsel’s billing was higher than is reasonable under local rules.
Court: USDC Maryland, Judge: Quereshi, Filed On: September 5, 2023, Case #: 8:22cv450, NOS: Arbitration - Other Suits, Categories: arbitration, Attorney Fees, contract
J. Hodgens reverses the determination that an eye surgeon’s failure to translate an arbitration agreement to Spanish for his patient, amounts to fraud in the inducement. The patient’s lack of understanding of the form does not mean it was a form of fraud in the inducement because the patient signed the form anyway, even though he could have requested an interpreter or otherwise chosen not to sign the form until he could understand it.
Court: Massachusetts Court Of Appeals, Judge: Hodgens, Filed On: August 31, 2023, Case #: 22-P-904, Categories: arbitration, Fraud, contract
J. Kennelly grants an auto dealer’s motion to stay this contract case, brought by a consumer who bought a car with defective parts from the dealer, and compel arbitration instead. The court finds that the consumer agreed several times to an arbitration clause when he signed his car paperwork with the dealer.
Court: USDC Northern District of Illinois, Judge: Kennelly, Filed On: August 30, 2023, Case #: 123cv108, NOS: Other Fraud - Torts - Personal Property, Categories: arbitration, Vehicle, contract
J. Kelety finds that the trial court still has original jurisdiction over an arbitration award in a contract dispute. While the parties agreed an award would be subject to judicial review, they cannot choose to bypass the trial court and seek appellate review, as the courts are not parties to arbitration agreements. It was error for the trial court to step aside and it must review the arbitration award on the merits. Reversed.
Court: California Courts Of Appeal, Judge: Kelety, Filed On: August 28, 2023, Case #: D079967, Categories: arbitration, Jurisdiction, contract
J. Rodriguez grants AT&T its motion to compel arbitration following allegations of breach of contract, invasion of privacy and negligence brought by a class of customers. After a data breach of over 9 million customer accounts in March of this year, the class asserts that any agreement between itself and AT&T is unenforceable based on the company’s unconscionable actions. However, because the arbitration agreement that the class signed covers “all disputes and claims,” the class is subject to arbitration.
Court: USDC Western District of North Carolina, Judge: Rodriguez, Filed On: August 24, 2023, Case #: 5:23cv38, NOS: Other Personal Injury - Torts - Personal Injury, Categories: arbitration, Privacy, contract
J. Griggsby grants Bank of America its motion to compel arbitration after a class of its commercial customers sued it for alleged breach of the Paycheck Protection Program, a federal plan of action to keep people employed during the Covid-19 pandemic. The class claims that the bank represented independent contractors as part of the class members’ payrolls and engaged in other fraudulent activity. However, because the class members signed an arbitration agreement with the bank to settle disputes, the parties must enter arbitration.
Court: USDC Maryland, Judge: Griggsby, Filed On: August 22, 2023, Case #: 1:12cv2103, NOS: Other Contract - Contract, Categories: arbitration, Covid-19, contract
J. Kleeh denies a Morgantown couple’s motion to remand their breach of contract suit against the manufactured home company back to Monongalia County Circuit Court, and grants the company’s motion to compel arbitration. The court finds the couple has not been dilatory in identifying “diversity-destroying defendants” to join them to the suit, and the binding dispute resolution the couple signed when they purchased the home is an enforceable contract since they’ve failed to prove how it’s “one-sided, unreasonable and unconscionable.” Further proceedings stayed pending completion of arbitration.
Court: USDC Northern District of West Virginia, Judge: Kleeh, Filed On: August 16, 2023, Case #: 1:22cv112, NOS: Arbitration - Other Suits, Categories: arbitration, Business Practices, contract
J. Turner finds that the lower court improperly denied the nursing home's motion to compel arbitration in a nursing home negligence action stemming from a resident's fall. No evidence of fraud was presented in this case, and the resident's promise to arbitrate was supported by consideration even if it was not met with a reciprocal promise to arbitrate by the nursing home. Reversed.
Court: Illinois Appellate Court, Judge: Turner, Filed On: August 15, 2023, Case #: 230187, Categories: arbitration, contract
Per curiam, the Guam Supreme Court finds an arbitration panel properly confirmed an arbitration award to the duty free shops in a dispute on lease contracts and various bonds and lines of credit. The shops’ alleged breach of one of their agreements in the use of the funds implicates their main agreement, and “it is consistent with one instrument being used to cover multiple obligations.” Affirmed.
Court: Guam Supreme Court, Judge: Per curiam, Filed On: August 11, 2023, Case #: CVA19-3, Categories: arbitration, Landlord Tenant, contract