9 results for 'cat:"Arbitration" AND cat:"Fiduciary Duty"'.
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
J. Partida-Kipness finds in this interlocutory appeal that the lower court properly denied the defendants' motion to abate the lawsuit asserting breach of fiduciary duty claims. The appellants contend that the dispute is subject to arbitration, but the court disagrees, based on the unambiguous language of the appellee company's operating agreement. Affirmed.
Court: Texas Courts of Appeals, Judge: Partida-Kipness, Filed On: March 28, 2024, Case #: 05-23-00199-CV, Categories: arbitration, fiduciary Duty, Contract
J. Kennedy finds that the lower court properly denied the appellants' motion to compel arbitration in this lawsuit involving a multi-level marketing company and its directors. As to the corporate appellants, they "substantially invoked the judicial process to the detriment of appellees," while the individual appellants fail to show "the existence of an agreement to arbitrate." Affirmed.
Court: Texas Courts of Appeals, Judge: Kennedy, Filed On: March 14, 2024, Case #: 05-23-00661-CV, Categories: arbitration, Employment, fiduciary Duty
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J. D'Auria finds the lower court properly refused to vacate a $57 million arbitration award in favor of an employer. The employee's decision to flee the U.S. and return to his native India after criminal charges were filed allowed for application of the fugitive disentitlement doctrine, especially considering the employee's own actions once he fled to India resulted in his inability to fully participate in the arbitration hearing. Affirmed.
Court: Connecticut Supreme Court, Judge: D'Auria, Filed On: October 16, 2023, Case #: SC20677, Categories: arbitration, Securities, fiduciary Duty
J. Knepp grants the majority owner's motion to dismiss, ruling the lack of any allegation of fraud as it pertains to the arbitration agreement by the minority owner renders that provision enforceable. Therefore, because the fiduciary duty claims are covered under the arbitration clause, the case must be dismissed and submitted to an arbitrator.
Court: USDC Northern District of Ohio, Judge: Knepp, Filed On: July 28, 2023, Case #: 3:23cv1079, NOS: All Other Real Property - Real Property, Categories: arbitration, fiduciary Duty, Contract
Vice Chancellor Zurn finds that three former directors of a physical therapy-based company breached fiduciary duties by keeping an arbitration award for themselves instead of handing it over to the company. The directors' agency authority ceased when the derivative claims were monetized, and thus they were duty bound to return the award to the company board.
Court: Delaware Chancery Court, Judge: Zurn, Filed On: June 1, 2023, Case #: 2020-0183-MTZ, Categories: arbitration, fiduciary Duty