23 results for 'cat:"Arbitration" AND cat:"Negligence"'.
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. Johnson finds the county court improperly denied a credit union's motion to compel arbitration. The member brought a negligence suit after sustaining injuries when a chair he was sitting in, which was owned by the credit union, collapsed. Members' statements of account all include an arbitration provision providing the account owner an opportunity to opt out without loss of rights or benefits. Mobil met its evidentiary burden to establish the existence of a valid agreement and that the claim falls within its scope. Reversed.
Court: Texas Courts of Appeals, Judge: Johnson , Filed On: February 15, 2024, Case #: 09-22-00393-CV, Categories: arbitration, negligence
Want access to unlimited case records and advanced research tools? Create your free CasePortal account now. No credit card required to register.
Try CasePortal for Free
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
J. Wallis finds the trial court improperly compelled arbitration in the children's lawsuit against the investment advisor and others claiming in part that they interfered with the children's inheritance after their mother died in 2021. The children did not sue for breach of any of the relevant contracts containing arbitration provisions, and equitable estoppel cannot compel arbitration because the children have not directly benefited from any of the contracts containing arbitration provisions. The trial court's order is overturned and the case is remanded for further proceedings. Reversed.
Court: Florida Courts Of Appeal, Judge: Wallis, Filed On: January 19, 2024, Case #: 22-2859, Categories: arbitration, Tort, negligence
J. Palafox finds a lower court ruled correctly in denying a company’s motion to compel arbitration after it was sued by an worker in a slip-and-fall negligence lawsuit. While the company argues that the worker was subject to a valid arbitration agreement, the worker meets requirements for exemptions under the Federal Arbitration Act, including because he is “a member of a class of workers engaged in interstate commerce.” Affirmed.
Court: Texas Courts of Appeals, Judge: Palafox, Filed On: January 12, 2024, Case #: 08-23-00082-CV, Categories: arbitration, Employment, negligence
J. Trauger denies the air conditioning company's motion to compel arbitration but grants its motion for leave to amend its answer and assert a counterclaim in this negligence lawsuit stemming from the installation of an HVAC unit. The proposed amendment was not "unduly delayed," and the court does not see the possibility of prejudice. As to arbitration, there is a fact issue as to whether the customer had notice of the provision.
Court: USDC Middle District of Tennessee , Judge: Trauger, Filed On: December 21, 2023, Case #: 3:23cv642, NOS: Property Damage Product Liability - Torts - Personal Property, Categories: arbitration, Civil Procedure, negligence
J. Blumenfeld grants a shipping company's motion to compel arbitration regarding a wood chip exporter's allegations of violations of California’s Business and Professions Code, fraud, misrepresentation, negligence and unjust enrichment after the Covid-19 pandemic shut down the port in China where the wood chips were to be sent. The exporter sought to cancel the charters, but under the charter agreement terms, it was still obligated to pay the shipping company, who it claims exploited the pandemic crisis by charging excessive rates. The court has jurisdiction, and a valid arbitration agreement exists between the parties under the Convention on the Recognition and Enforcement of Foreign Arbitral Awards.
Court: USDC Central District of California, Judge: Blumenfeld, Filed On: December 19, 2023, Case #: 2:23cv7676, NOS: Arbitration - Other Suits, Categories: arbitration, Fraud, negligence
J. Chuang denies the Washington Commanders football stadium its motion to compel arbitration and dismiss negligence allegations brought by a group of Philadelphia Eagles fans who were injured at a game. After the game, the group went to an area in hopes of meeting some of the Eagles players. Stadium staff allowed them into an area, and while the group waited, they all fell after a railing they were leaning on gave way. The staff helped them up after they each fell five to ten feet onto a hard surface but failed to treat them further, telling them to "get the fuck out of the stadium." The group returned home and presently continue to receive medical treatment for their injuries. Although the NFL promised to investigate the incident, it nor any other parties have done so. Those parties argue that one of the group member's cousin was their "ticket agent" and therefore subject to arbitration, but they have not met their burden to prove this.
Court: USDC Maryland, Judge: Chuang, Filed On: September 14, 2023, Case #: 8:22cv2276, NOS: Other Personal Injury - Torts - Personal Injury, Categories: arbitration, Tort, negligence
J. Soto finds that the trial court improperly denied the employer's motion to compel arbitration in a negligence action brought by the employee arising from injuries she suffered in a workplace accident. The arbitration agreement was not illusory because it contained an effective savings clause prohibiting the employer from making changes to the agreement with regard to previously accrued claims. The notice signed by the employee made her aware of the terms of the arbitration plan. However, the trial court correctly denied the motion to compel arbitration as to the truck owner. The agreement did not give the employee notice that she was agreeing to subject her claims against the truck owner to arbitration. Reversed in part.
Court: Texas Courts of Appeals, Judge: Soto, Filed On: August 23, 2023, Case #: 08-23-00001-CV, Categories: arbitration, negligence
J. Stacy dismisses this interlocutory appeal from a district court order granting a motion to stay arbitration proceedings between Walgreens and its landscaping and property maintenance contractors, arising from a negligence suit brought by a customer who incurred injury from slipping and falling on an icy sidewalk. No final judgment or decree has been entered, and there has been no proper certification under the Nebraska statute governing negligence actions against multiple parties.
Court: Nebraska Supreme Court, Judge: Stacy, Filed On: August 11, 2023, Case #: S-22-603, Categories: arbitration, negligence, Due Process
J. Gordo finds that the trial court improperly entered at $10.5 million judgment against the security services company, holding it responsible for the fatal shooting of an individual at an apartment complex. The company’s attorneys have raised possibly excusable neglect in the form of a scheduling error that caused them to untimely file a de novo motion after the arbitration decision was handed down. The trial court should have granted the security company’s request for an evidentiary hearing on the matter. Reversed.
Court: Florida Courts Of Appeal, Judge: Gordo, Filed On: August 9, 2023, Case #: 22-0373, Categories: arbitration, Civil Procedure, negligence
J. Seeley finds the lower court erroneously determined the issue of arbitrability on its own in a slip and fall case. While there may have been ambiguity in the parties' arbitration agreement as to whether normal negligence claims, such as the park patron's slip and fall lawsuit, were arbitrable, the agreement expressly left the issue of arbitrability up to the arbitrator. Reversed.
Court: Connecticut Court Of Appeals, Judge: Seeley, Filed On: July 28, 2023, Case #: AC45127, Categories: arbitration, negligence
Per curiam, the Supreme Court of Texas finds that the court of appeals improperly ruled against a home builder in a suit brought by the purchaser of a home who alleges the home was negligently constructed. The builder sought to compel arbitration in the case, which the lower courts denied. On appeal, the builder asserts that the purchasers must be compelled to arbitrate their claims, despite never signing an agreement, because they directly benefit from the home the builder constructed. Recent rulings by the court established that the purchasers of a home may be compelled to arbitrate under the doctrine of direct benefits estoppel, thus the lower courts’ rulings were incorrect. Reversed.
Court: Texas Supreme Court, Judge: Per curiam, Filed On: June 30, 2023, Case #: 21-0072, Categories: arbitration, Property, negligence
J. Longoria finds that the lower court improperly denied the appellants' motion to compel arbitration in this lawsuit asserting claims for negligence and intentional infliction of emotional distress in connection with the funeral services provided. There was a valid arbitration agreement, and the claims against the funeral home are "within the scope of the agreement." Reversed.
Court: Texas Courts of Appeals, Judge: Longoria, Filed On: May 25, 2023, Case #: 13-21-00453-CV, Categories: arbitration, negligence, Contract
J. Bogardus finds a lower court ruled correctly in denying a motion to compel arbitration brought by a hospital and representatives after they were sued for alleged wrongful death and negligence. The hospital argued that the son of a deceased patient had signed an arbitration agreement, but the hospital has not shown that other parties in this case should be bound by that agreement — and even if they were, the hospital has not shown “clearly and unmistakably” that “gateway issues of arbitrability are to be decided by an arbitrator, rather than the district court.” Affirmed.
Court: New Mexico Court of Appeals, Judge: Bogardus, Filed On: May 25, 2023, Case #: A-1-CA-39835, Categories: arbitration, negligence, Wrongful Death