235 results for 'cat:"Arbitration" AND cat:"Contract"'.
J. Cadish finds the district court improperly denied the NFL's motion to compel arbitration. The coach of the Raiders football team resigned after the Wall Street Journal and New York Times published articles detailing controversial emails he reportedly sent while working for ESPN. The coach sued the NFL alleging it purposely leaked the emails to force his resignation, and the court denied the NFL's motion to compel arbitration. The coach's employment agreement incorporated the NFL Constitution by reference, necessitating arbitration for any dispute "detrimental to the best interests of the league." The coach has presented no contract defenses that make the arbitration clause of the NFL Constitution unenforceable. Reversed.
Court: Nevada Supreme Court, Judge: Cadish , Filed On: May 14, 2024, Case #: 85527, Categories: arbitration, Business Expectancy, contract
J. Dever grants a multi-level marketing company and three of its corporate officers’ motions to compel arbitration following allegations of defamation, battery and contractual interference brought by a former independent business owner. The owner contracted with the company to sell its products. He expressed concern that the company was not investigating its support of former Vice President Mike Pence with regard to the 2020 election. Conflicts between the owner and the three officers escalated until, at a baseball game where company staff attended together, the officers allegedly accosted him and accused him of being armed, “mentally ill,” and “of the Devil,” then called the police. The police then escorted him out of the park where he claims ten of them punched and kicked him, breaking his ribs. The owner is unopposed to the company moving for arbitration but disagrees that the individuals involved can arbitrate because they didn’t sign the contract between him and the company. However, the individuals are affiliated with the company and can therefore compel arbitration.
Court: USDC Eastern District of North Carolina, Judge: Dever, Filed On: May 9, 2024, Case #: 5:23cv442, NOS: Other Contract - Contract, Categories: arbitration, Defamation, Interference With contract
J. Urias grants the car dealership's motion to compel arbitration, ruling the agreement signed by the buyer is a valid contract, while the delegation provision to allow the arbitrator to determine recovery of attorney fees is not unconscionable and the burden of arbitration is not "so onerous" as to render the agreement unenforceable.
Court: USDC New Mexico, Judge: Urias, Filed On: May 9, 2024, Case #: 1:23cv1057, NOS: Other Fraud - Torts - Personal Property, Categories: arbitration, Fraud, contract
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J. Milazzo grants a group of insurers’ request for a preliminary injunction, barring New Orleans’ aviation board from prosecuting arbitration claims against them related to a design contract dispute over the construction of the new terminal facility at the Louis Armstrong New Orleans International Airport. The irreparable harm the insurers would suffer if forced to arbitrate claims without an arbitration agreement outweighs any harm the city’s aviation board would suffer in potential litigation costs.
Court: USDC Eastern District of Louisiana , Judge: Milazzo, Filed On: May 6, 2024, Case #: 2:23cv5806, NOS: Other Statutory Actions - Other Suits, Categories: arbitration, contract
J. Gallagher finds the lower court properly denied the pizza restaurant's motion to vacate an arbitration award in favor of the Cleveland Browns. Although the restaurant couches its argument in jurisdictional terms, it is merely an attempt to raise claims about the validity of the arbitration award it failed to bring in a direct appeal. Affirmed.
Court: Ohio Court Of Appeals, Judge: Gallagher, Filed On: May 2, 2024, Case #: 2024-Ohio-1686, Categories: arbitration, Jurisdiction, contract
J. Reiss grants the bank’s motion to stay the action and refer to arbitration in this employment agreement dispute brought by a former executive president who says his assets had been converted. The court found the arbitration clause to be broad as to all disputes related to the employment agreement, and the arbitrator needs to decide the issues of arbitrability.
Court: USDC Vermont, Judge: Reiss, Filed On: April 29, 2024, Case #: 2:23cv274, NOS: Other Contract - Contract, Categories: arbitration, Employment, contract
J. Bradberry finds that the trial court improperly denied the contractor's motion for a preliminary injunction against the construction company in their dispute about the arbitration clause in their contract. There are several indicators that the contract and the construction company did not fully finalize the disputed subcontract, and the trial court wrongfully held that the contractor's estimator had the authority to bind the contractor to the subcontract. Reversed.
Court: Louisiana Court Of Appeal, Judge: Bradberry, Filed On: April 24, 2024, Case #: CA-23-557, Categories: arbitration, contract, Injunction
J. Brailsford denies in part an insurance company's motion for summary judgment regarding an insurance coverage dispute following a plane crash. While the pilot walked away unharmed, the plane, which crashed shortly after takeoff, sustained extensive damage. The plane owner alleges that the insurer has not paid for certain repairs in violation of the insurance policy. A genuine dispute of material fact remains as to whether the insurer paid the amount required under the insurance policy. Because the insurance company has waived its right to compel arbitration, its motion for summary judgment on the contract claim is denied.
Court: USDC Idaho, Judge: Brailsford, Filed On: April 24, 2024, Case #: 1:22cv176, NOS: Insurance - Contract, Categories: arbitration, Insurance, contract
J. Gladwin finds the circuit court improperly denied the assignee of the vehicle purchase contract's motion to compel arbitration. The purchaser defaulted on payment and the assignee repossessed the vehicle. The purchaser sought class certification for deceptive trade practices claims arising from the assignee's requiring her to pay repossession report fees to law enforcement agencies. The arbitration agreement is valid and enforceable under the Automotive Dealer's Anti-Coercion Act, satisfying the mutuality-of-obligations element of a binding contract. The assignee did not waive its right to demand arbitration in the purported class action by filing a separate action for a deficiency judgment. Reversed.
Court: Arkansas Court Of Appeals, Judge: Gladwin , Filed On: April 24, 2024, Case #: CV-22-756, Categories: arbitration, Debt Collection, contract
J. Lin denies the engineering plastics company's motion to vacate the arbitration award in Amazon's favor, arguing that Amazon does not deserve it because the withholding provision of their contract is a penalty provision, not a liquidated damages provision. The arbitrator did not manifestly disregard the law in her decision, because she was fully briefed on the issue, correctly identified the legal standard, and applied the correct standard to the case facts.
Court: USDC Western District of Washington, Judge: Lin, Filed On: April 17, 2024, Case #: 2:23cv1693, NOS: Arbitration - Other Suits, Categories: arbitration, contract
J. Guidry finds that the lower court properly granted the contractor's motion to vacate an arbitration award stemming from a dispute with a subcontractor. The award was rendered against an entity that "was not a party to the subcontract agreement containing the arbitration clause," so the arbitrator exceeded his authority in rendering the award. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Guidry, Filed On: April 17, 2024, Case #: 2023CA1114, Categories: arbitration, contract
J. Lucas finds that the trial court improperly denied a pharmacy's motion to arbitrate contract claims in California because the section of the Federal Arbitration Act that authorizes federal district courts to compel arbitration in civil actions does not bar states from doing so under their own jurisdiction. Reversed.
Court: Florida Courts Of Appeal, Judge: Lucas, Filed On: April 17, 2024, Case #: 2D2023-0096, Categories: arbitration, Jurisdiction, contract
J. Richardson partially grants the restaurant's motion to compel arbitration of the chef's claims in this lawsuit alleging discrimination, retaliation and a hostile work environment. The chef fails to sufficiently create a question of fact regarding whether he electronically signed the arbitration agreement. Accordingly, the court will enforce the arbitration agreement, though the restaurant is not entitled to attorney fees.
Court: USDC Middle District of Tennessee , Judge: Richardson, Filed On: April 16, 2024, Case #: 3:24cv3, NOS: Employment - Civil Rights, Categories: arbitration, Employment, contract
J. Pratt finds the trial court properly denied the trucking company's motion to stay and compel arbitration in a dispute between the property owner and multiple trucking companies in which the owner accuses the companies of litter and trespass for digging "an enormous pit" and dumping "construction debris and sludge" on its property. The trucking company cannot get the relief it seeks because it is not a party to the arbitration agreement it wants enforced. Affirmed.
Court: Florida Courts Of Appeal, Judge: Pratt, Filed On: April 12, 2024, Case #: 23-2094, Categories: arbitration, contract
Per curiam, the appellate division finds that the lower court properly denied the corporate officer's motion to vacate a default judgment in favor of the law firm. The officer signed a retainer agreement on behalf of his company agreeing that the law firm would have a claim against any officer if the legal fees were not timely paid by the company. The officer had no reasonable excuse for failing to appear in the arbitration proceeding. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: April 11, 2024, Case #: 01989, Categories: arbitration, contract
J. Madsen finds that the lower court properly confirmed an arbitration order in an underlying dispute over loan payments. The lower court properly found that a motion to confirm an arbitration order does not render the entire underlying case moot. The lower court also correctly found that attaching an arbitration award does not act as a "judicial
endorsement" of the award, but instead simply identifies the reasoning for confirming it. Affirmed.
Court: Washington Supreme Court, Judge: Madsen, Filed On: April 11, 2024, Case #: 101872-0, Categories: arbitration, contract
J. Bennett finds that the district court properly granted Amazon’s motion to compel arbitration and dismissed without prejudice a case arising from a dispute between Amazon and the delivery service partners (DSP) with whom it contracts to provide local delivery services. The business entities entered into DSP agreements with Amazon that contained an arbitration provision. A transportation worker exemption did not extend to business entities or to commercial contracts such as the DSP agreement. Affirmed.
Court: 9th Circuit, Judge: Bennett, Filed On: April 10, 2024, Case #: 22-35818, Categories: arbitration, contract
[Consolidated.] J. Marbley grants the lender's motion to compel arbitration, ruling evidence indicates all the borrowers voluntarily signed the loan agreement, which included arbitration language in bold and capital lettering; therefore, the arbitration provision is valid and enforceable.
Court: USDC Southern District of Ohio, Judge: Marbley, Filed On: April 10, 2024, Case #: 2:22cv4318, NOS: Other Contract - Contract, Categories: arbitration, Consumer Law, contract
J. Long compels arbitration of certain claims in a maritime cargo damage dispute related to shipment of 14,000 bags of cement from Port Said, Egypt, to a cement plant in Houston, Texas. The litigants’ agreement is valid and enforceable but does not stay the entire litigation.
Court: USDC Eastern District of Louisiana , Judge: Long, Filed On: April 9, 2024, Case #: 2:23cv788, NOS: Marine - Contract, Categories: arbitration, Maritime, contract
J. King grants the consumer credit reporting agency's motion to compel arbitration in the consumer's complaint that the former refused to delete inaccurate information from his credit files. The arbitrator provision of the parties' contract is clear that the arbitrator has exclusive authority to resolve disputes "relating to...any...term of this agreement," and the consumer credit reporting agency did not waive its right to arbitration when it did not raise an affirmative defense.
Court: USDC Western District of Washington, Judge: King, Filed On: April 8, 2024, Case #: 3:23cv5294, NOS: Consumer Credit - Other Suits, Categories: arbitration, contract
J. Carlyle finds that the lower court improperly denied the appellant's motion to compel arbitration of the appellee company's statutory claims for defense and indemnity. The court notes that the arbitration clause at issue "is broad in scope" and concludes that any questions related to the contract "must be determined by the arbitrator." Reversed in part.
Court: Texas Courts of Appeals, Judge: Carlyle, Filed On: April 5, 2024, Case #: 05-23-00591-CV, Categories: arbitration, Indemnification, contract
Per curiam, the Texas Supreme Court finds that the court of appeals improperly ruled in favor of a homeowner in a damages case he filed against the seller of his home. When the seller sought to initiate arbitration of the issue under the home purchase agreement, the homeowner argued that he could not be compelled to arbitrate because the cost would be unconscionable. The court of appeals held that the arbitration costs were excessive and unenforceable. As a matter of process, the homeowner should have raised the issue of costs with the arbitrator before continuing in the courts. Furthermore, the homeowner failed to show evidence of how the cost of arbitrating the issue was unreasonable but litigating the issue in court was less costly. Reversed.
Court: Texas Supreme Court, Judge: Per curiam, Filed On: April 5, 2024, Case #: 22-0830, Categories: arbitration, Damages, 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