75 results for 'cat:"Arbitration" AND cat:"Civil Procedure"'.
J. Piper finds the lower court properly compelled arbitration to determine the proper beneficiaries of the estate's investment accounts. Although the investment company filed its indemnification claim outside the statute of limitations, the arbitrator must make the ultimate determination as to whether it has jurisdiction over the claims. Additionally, the investment company did not waive its right to arbitration when it delayed its request because it did not file any counterclaims, engage in discovery or take any other actions that could be construed as a willingness to litigate the dispute in court. Affirmed.
Court: Ohio Court Of Appeals, Judge: Piper, Filed On: May 6, 2024, Case #: 2024-Ohio-1729, Categories: arbitration, civil Procedure, Wills / Probate
J. Tunheim grants a motion to correct clerical errors in a prior order on an arbitration award, but denies motions to stay enforcement of a judgment, to expedite, and to alter or correct that judgment and adopts a magistrate judge's report and recommendation, while denying attorney's fees to all parties.
Court: USDC Minnesota, Judge: Tunheim, Filed On: April 30, 2024, Case #: 0:17cv5009, NOS: Other Contract - Contract, Categories: arbitration, civil Procedure, Attorney Fees
J. Horan finds that a company that repeatedly attempted to deliver a summons regarding an arbitration claim has not met requirements for a substituted service by email. The company attempted to serve the documents at several prior addresses but failed to identify a current address for the intended recipient. The motion to serve by email is denied at this time, but the company’s service deadline is extended.
Court: USDC Northern District of Texas , Judge: Horan, Filed On: April 26, 2024, Case #: 3:23cv2642, NOS: Arbitration - Other Suits, Categories: arbitration, civil Procedure
J. Prescott grants the majority owner's motion to dismiss the appeal filed by the minority owners, ruling his motion to confirm an arbitration award was not stayed upon the filing of this appeal.That motion was separate from the underlying civil complaint and did not seek to "enforce or carry out a judgment," as required under the rules of civil procedure.
Court: Connecticut Court Of Appeals, Judge: Prescott, Filed On: April 26, 2024, Case #: AC56348, Categories: arbitration, civil Procedure, Fiduciary Duty
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J. Gomez finds that if an attorney includes their email address in a court filing, opposing parties may use the address to serve the attorney in subsequent filings and, therefore, the cannabis company owners' motion to vacate an arbitration award was timely served. Meanwhile, the lower court erroneously granted the business partner's motion to vacate the arbitration award on the grounds of impartial bias because the arbitrator's conduct - including asking clarification questions to witnesses and interrupting to focus discussion and shorten several hearings - was within the scope of his authority and did not affect the ultimate ruling. Reversed in part.
Court: Colorado Court Of Appeals, Judge: Gomez, Filed On: April 18, 2024, Case #: 2024COA39, Categories: arbitration, civil Procedure
J. Engelmayer appoints a neutral arbitrator per the dispute resolution terms of the parties’ commercial insurance contract. A Texas school district filed claims under its commercial insurance policy after school district property incurred damage during a hurricane. A dispute resulted regarding the extent of the school district’s coverage and the matter was submitted to arbitration. They were unable to agree on a single arbitrator, and after each appointing an arbitrator, the arbitrators were unable to agree on an umpire, therefore the matter was submitted to the instant court for selection of a qualified neutral arbitrator to oversee the matter. Having done so the case is ordered closed.
Court: USDC Southern District of New York, Judge: Engelmayer, Filed On: April 8, 2024, Case #: 23cv8957, NOS: Insurance - Contract, Categories: arbitration, civil Procedure, Insurance
J. Trauger denies the fencing defendants' motions to compel arbitration of the claims in this lawsuit alleging that a fencing student was sexually abused by her fencing coach while the student was a minor. The U.S. Fencing Association, which is the "national governing body for the sport," contends that the organization's membership waiver contains an arbitration clause. However, as the plaintiffs argue, the organization litigated the case "for nearly a year before ever raising the issue of arbitration." The court concludes that the governing organization acted inconsistently "with an intention to arbitrate."
Court: USDC Middle District of Tennessee , Judge: Trauger, Filed On: April 2, 2024, Case #: 3:22cv560, NOS: Other Personal Injury - Torts - Personal Injury, Categories: arbitration, civil Procedure, Emotional Distress
J. Milazzo denies requests by surplus line insurers to dismiss breach of contract claims and bad faith by a property owner alleging untimely and inadequate compensation for hurricane damage losses covered by the policy. Because the insurers fail to explain why dismissal of the suit, rather than a stay of proceedings, is warranted, the matter must be stayed pending resolution of arbitration proceedings.
Court: USDC Eastern District of Louisiana , Judge: Milazzo, Filed On: April 1, 2024, Case #: 2:22cv3780, NOS: Insurance - Contract, Categories: arbitration, civil Procedure, Damages
J. Richardson grants the Nissan defendant's motion to compel arbitration in this class action. The court concludes that the "dispute over arbitrability has been delegated to the arbitrator" as it relates to the specific customer at issue. Also, the company's dismissal motion is denied as moot, though it can refile "with arguments specific to the plaintiffs actively before the Court."
Court: USDC Middle District of Tennessee , Judge: Richardson, Filed On: March 31, 2024, Case #: 3:22cv830, NOS: Motor Vehicle Product Liability - Torts - Personal Injury, Categories: arbitration, civil Procedure, Class Action
[Consolidated.] J. Larsen finds the lower court properly determined the employer waived its right to arbitrate discrimination claims brought by the deaf employee. It waited more than seven months to file its motion to compel, before which it conducted extensive discovery, took depositions and raised several affirmative defenses, all of which contradicts its argument it intended to rely on arbitration from the outset of the case. Affirmed.
Court: 6th Circuit, Judge: Larsen, Filed On: March 27, 2024, Case #: 23-1507, Categories: arbitration, civil Procedure, Employment Discrimination
J. Pratt rules in part for defendant, an insurance company, in breach of contract claims in which another company seeks reimbursement for services provided to physician groups by holding that plaintiff may only continue claims that had been made prior to the date set out in their agreement. Meanwhile, the agreement requires that plaintiff's claims proceed to arbitration.
Court: USDC Southern District of Indiana, Judge: Pratt, Filed On: March 25, 2024, Case #: 1:22cv1500, NOS: Insurance - Contract, Categories: arbitration, civil Procedure, Contract
J. Prescott denies the city's motion to dismiss the appeal filed by the union, ruling that because the appeal concerns a municipal collective bargaining agreement, the lower court's order to vacate the initial arbitration award is a final, appealable order.
Court: Connecticut Court Of Appeals, Judge: Prescott, Filed On: March 15, 2024, Case #: AC46927, Categories: arbitration, civil Procedure, Labor / Unions
J. Pitman mostly adopts a report and recommendations in a civil rights suit brought by a former district manager against a Whataburger franchisee for alleged discrimination against him based on his sex and sexual orientation, finding, among other things, that the former manager cannot bring unconscionability arguments over clauses in his contract which the franchisee has already agreed to waive. The franchisee also cannot compel arbitration because the agreement required arbitration before the American Mediation Association, which no longer exists.
Court: USDC Western District of Texas , Judge: Pitman, Filed On: March 12, 2024, Case #: 1:23cv686, NOS: Employment - Civil Rights, Categories: arbitration, civil Procedure, Employment
J. Moll finds the customers' appeal of the lower court's grant of the construction company's motion to compel arbitration was mooted when they commenced arbitration proceedings because this court can no longer grant meaningful relief; therefore, the appeal is dismissed.
Court: Connecticut Court Of Appeals, Judge: Moll, Filed On: March 8, 2024, Case #: AC46298, Categories: arbitration, civil Procedure
J. Smith finds that the lower court improperly confirmed an arbitration award in this dispute between the appellant and his former employer. The arbitrator ordered the appellant's deposition to occur after a certain date "in direct contravention of the parties' agreement." Accordingly, the award "exceeded the arbitrator's authority." Reversed.
Court: Texas Courts of Appeals, Judge: Smith, Filed On: March 7, 2024, Case #: 05-22-01190-CV, Categories: arbitration, civil Procedure, Employment
J. Molberg finds in this accelerated interlocutory appeal that the lower court improperly denied the appellant's motion for stay and to compel arbitration in this lawsuit arising from an alleged employment agreement. Accordingly, the matter is remanded for the lower court to compel arbitration. Reversed.
Court: Texas Courts of Appeals, Judge: Molberg, Filed On: February 28, 2024, Case #: 05-22-00923-CV, Categories: arbitration, civil Procedure
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. Altice finds that the trial court should have enforced arbitration as requested by a contractor in construction claims brought in Wisconsin because the contractor did not waive the right to demand such in an Indiana lawsuit, which, in turn, should be paused pending the outcome of the prior-filed Wisconsin action. Reversed.
Court: Indiana Court Of Appeals, Judge: Altice, Filed On: December 27, 2023, Case #: 23A-PL-654, Categories: arbitration, civil Procedure, Contract
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. Brennan denies the former employee's motion to vacate an arbitration award, ruling that while he may not have explicitly agreed to use electronic signatures during the arbitration process, the rules established by Financial Industry Regulatory Authority do not require wet signatures and, therefore, the e-signatures comply with all applicable requirements and validate the award.
Court: USDC Northern District of Ohio, Judge: Brennan, Filed On: November 20, 2023, Case #: 1:22cv1412, NOS: Arbitration - Other Suits, Categories: arbitration, civil Procedure