7 results for 'cat:"Arbitration" AND cat:"Fraud" AND cat:"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
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. 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. 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
[Consolidated.] J. Marbley grants the corporate officer's motion to dismiss, ruling that the conclusory allegations made by buyers of the defective solar energy equipment are insufficient to prove the officer was directly involved with allegedly fraudulent sales practices or that he exercised total control over the solar energy company. Meanwhile, the arbitration agreement between the financing company and the buyers is valid and enforceable, and so the claims against it will be dismissed and sent to arbitration.
Court: USDC Southern District of Ohio, Judge: Marbley, Filed On: August 2, 2023, Case #: 3:22cv242, NOS: Other Contract - Contract, Categories: arbitration, fraud, contract
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J. Tunheim partially grants the business purchaser's motion to confirm an arbitration award, for recovery of costs and attorney's fees and to correct a technical error in the arbitration award. The arbitrator did not err by determining that the purchaser did not breach the businesses' former owner's employment agreement by failing to pay him a contractually promised salary upon termination, nor by failing to hear evidence related to a fraudulent-inducement argument. The award is therefore confirmed, but the purchaser's proposed modifications are not. The former owner's fraudulent-inducement counterclaim cannot succeed, so a stay on it is lifted and it is dismissed. The purchaser's request to expand the scope of its summary judgment to include admissions made in an answer in related Illinois litigation is denied.
Court: USDC Minnesota, Judge: Tunheim, Filed On: June 28, 2023, Case #: 0:17cv5009, NOS: Other Contract - Contract, Categories: arbitration, fraud, contract
J. Kendall partially denies a bitcoin mining rig manufacturer’s motion to dismiss contract and fraud claims brought against it by bitcoin miners unhappy with its products. The court finds, despite the manufacturer’s assertion otherwise, that it does have subject-matter jurisdiction over the case. However, the court also construes the manufacturer’s claim of improper venue as a motion to compel arbitration and grants it.
Court: USDC Northern District of Illinois, Judge: Kendall, Filed On: May 31, 2023, Case #: 1:22cv7121, NOS: Other Contract - Contract, Categories: arbitration, fraud, contract