35 results for 'cat:"Arbitration" AND cat:"Jurisdiction"'.
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. Cobb grants the American oil company's motion for default judgment and to confirm an arbitration award in its action against the Iranian oil company alleging that natural gas it purchased was never delivered. This court has subject matter jurisdiction over the dispute, since the parties agreed to arbitrate this dispute in a New York Convention signatory country and it is commercial in nature, and personal jurisdiction over the Iranian company since the American company successfully accomplished service when it received a "read" receipt of a service email. The American company has also satisfied procedural requirements for enforcement, and there is no reason to deny them confirmation.
Court: USDC District of Columbia, Judge: Cobb, Filed On: April 30, 2024, Case #: 1:22cv1361, NOS: Arbitration - Other Suits, Categories: arbitration, International Law, jurisdiction
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. Feuer finds that the trial court improperly dismissed a complaint alleging embezzlement, as it lost jurisdiction after granting a business partner and associates' motion to compel arbitration. The party seeking dismissal of the case for lack of prosecution must pursue the remedy in arbitration. Also, where a party seeks the dismissal for lack of prosecution of a case that is subject to arbitration, the party may have to initiate arbitration in order to achieve relief. Reversed.
Court: California Courts Of Appeal, Judge: Feuer, Filed On: April 2, 2024, Case #: B330387, Categories: arbitration, Remedies, jurisdiction
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[Consolidated.] J. Marbley grants the private equity company's motion to dismiss, ruling that because it is based in Florida and had no connection to the solar power company based in Ohio other than an initial 25 percent investment in the company, this court lacks jurisdiction over the claims brought against it. Meanwhile, because there is no evidence of coercion or deception on the part of the solar power company as it relates to the arbitration provision found in the customers' contracts, the solar company's motion to dismiss and compel arbitration is also granted.
Court: USDC Southern District of Ohio, Judge: Marbley, Filed On: March 11, 2024, Case #: 1:22cv721, NOS: Other Contract - Contract, Categories: arbitration, jurisdiction, Contract
J. Dick grants remand on jurisdictional grounds to a construction company seeking to recover an arbitration award total of $711,000 from a bankrupt church. The church unsuccessfully argued the contractor’s attempt to garnish FEMA funds allotted to the church presents federal questions requiring federal jurisdiction. Simply because the contractor’s claim involves a federal grant, as the church alleges, does not in and of itself raise a federal question. In addition, there is no federal question raised in the contractor’s state court suit.
Court: USDC Middle District of Louisiana, Judge: Dick, Filed On: March 1, 2024, Case #: 3:23cv332, NOS: Other Statutory Actions - Other Suits, Categories: arbitration, Enforcement Of Judgments, jurisdiction
J. Whitehead dismisses the pharmaceutical company's attempt to vacate, modify or correct the $310,000 arbitration award in the former employee's favor after the pharmaceutical company fired her without notice. This court does not have jurisdiction over the former employee because she is a Minnesota citizen who had Minneapolis listed as her primary location and who did not have “continuous and systematic” contacts with Washington during her employment.
Court: USDC Western District of Washington, Judge: Whitehead, Filed On: February 27, 2024, Case #: 2:23cv700, NOS: Other Contract - Contract, Categories: arbitration, jurisdiction, Contract
J. Goldstein finds that the lower court properly confirmed an arbitration award and entered a final judgment awarding damages to the appellees. The appellant argues that the lower court lacked jurisdiction based on the appellee's failure to pay a filing fee. However, the fee for the underlying dispute had already been paid by the appellant, and there was no requirement "to pay an additional, jurisdictional fee." Affirmed.
Court: Texas Courts of Appeals, Judge: Goldstein, Filed On: December 12, 2023, Case #: 05-22-01147-CV, Categories: arbitration, jurisdiction
J. Morgan grants a request by domestic and foreign insurers to arbitrate hurricane damage claims by a condominium association and stays its policy coverage suit pending out-of-court negotiations. The condo association argued the arbitration provision is against state public policy because Louisiana law generally prohibits arbitration agreements in insurance policies governing property within the state. While the court recently held that state law provides an exception to the prohibition on arbitration clauses to surplus lines carriers, such as the condo owners’ insurers, the provision cited is applicable at the award-enforcement stage only. Therefore, the association’s argument is premature.
Court: USDC Eastern District of Louisiana , Judge: Morgan, Filed On: November 29, 2023, Case #: 2:23cv3546, NOS: Insurance - Contract, Categories: arbitration, Insurance, jurisdiction
J. Vitter grants a Texas-based corporation’s motion to dismiss, for lack of jurisdiction, a breach of contract suit filed by a Louisiana businessowner who alleges he paid $55,000 for services to his web-based Amazon ecommerce store. The Texas business’s limited contacts with Louisiana do not satisfy jurisdictional requirements. The contractual dispute is ordered to arbitration as requested by the Texas corporation.
Court: USDC Eastern District of Louisiana , Judge: Vitter, Filed On: November 6, 2023, Case #: 2:23cv3847, NOS: Other Contract - Contract, Categories: arbitration, jurisdiction, Contract
J. Elgo finds the lower court lacked jurisdiction to grant the EMT's motion to enforce an arbitration award against his employer. The employer's revocation of medical supervision, which prevented the EMT from being reinstated after the arbitrator's decision, was wholly separate from the EMT's employment status. The EMT's initial grievances with the union dealt only with his termination and he was required to file an additional grievance after the employer revoked his certification upon the arbitrator's reinstatement order. Reversed.
Court: Connecticut Court Of Appeals, Judge: Elgo, Filed On: October 27, 2023, Case #: AC45498, Categories: arbitration, jurisdiction, Labor / Unions
J. Schofield finds jurisdictional issues exist in this matter seeking enforcement of foreign awards. Shareholders in a resort and casino entered into arbitration in response to the resort terminating the Management Services Agreement (MSA) between the parties. The arbitral panel found the resort had breached the MSA by terminating it without sufficient basis and issued a liability award in favor of the shareholders. Because there are genuine issues of material fact regarding personal jurisdiction, cross-motions for summary judgment are denied, as well as the shareholders' motion to confirm the arbitral award.
Court: USDC Southern District of New York, Judge: Schofield, Filed On: September 12, 2023, Case #: 1:21cv2655, NOS: Arbitration - Other Suits, Categories: arbitration, Enforcement Of Judgments, jurisdiction
J. Brody finds that the trial court did not err in finding that an employee was not entitled to treble damages on incentive pay since the employer paid the wages within the statutory 10-day period. The employee's severance pay, wrongful termination and rescission claims fell under the employment contract's arbitration clause. However, it was error to dismiss the arbitrable claims before they were resolved in arbitration since trial courts retain jurisdiction until arbitration parties seek confirmation and final judgment. Reversed in part.
Court: Idaho Supreme Court, Judge: Brody, Filed On: September 8, 2023, Case #: 49933, Categories: arbitration, Employment, jurisdiction
J. Kelety finds that the trial court still has original jurisdiction over an arbitration award in a contract dispute. While the parties agreed an award would be subject to judicial review, they cannot choose to bypass the trial court and seek appellate review, as the courts are not parties to arbitration agreements. It was error for the trial court to step aside and it must review the arbitration award on the merits. Reversed.
Court: California Courts Of Appeal, Judge: Kelety, Filed On: August 28, 2023, Case #: D079967, Categories: arbitration, jurisdiction, Contract
J. Simms grants a hotel franchisee its motion to transfer this suit to the U.S. District Court in Eastern Pennsylvania. The suit, originally brought by a group of franchisees, accuses its parent company of racketeering. The company previously compelled arbitration and had to submit monthly status reports to the court. In the instant case, the company failed to mention in its report that it pursued arbitration in Maryland instead of where the suit originated in eastern Pennsylvania. This deprived the presiding judge from retaining jurisdiction and returning the case to the docket for his resolution. The judge is correct that the case should be transferred back to Pennsylvania.
Court: USDC Maryland, Judge: Simms, Filed On: August 25, 2023, Case #: 8:23cv146, NOS: Arbitration - Other Suits, Categories: arbitration, jurisdiction, Racketeering
J. Kobes finds a lower court improperly granted a law firm's motion to vacate an arbitration award in favor of a financial group. The law firm argued that it was entitled to relief. However, the application to vacate the arbitration award did not show the parties' citizenship and therefore the court lacks jurisdiction. Vacated.
Court: 8th Circuit, Judge: Kobes, Filed On: August 7, 2023, Case #: 22-1871, Categories: arbitration, jurisdiction
J. Nardini finds that the district court improperly dismissed a request to confirm a rabbinical court's arbitration award on a money dispute for lack of subject matter jurisdiction. While the arbitration agreement had a forum selection clause requiring confirmation in state court, diversity of citizenship was adequately pleaded to allow federal consideration. Furthermore, since the clause was not mandatory, proceedings could continue in the district court. Vacated.
Court: 2nd Circuit, Judge: Nardini, Filed On: July 24, 2023, Case #: 22-1747, Categories: arbitration, jurisdiction
J. Nye grants a beauty goods company's motion to dismiss or transfer venue involving a matter in which former employees seek a declaratory judgment that they are not bound by the arbitration provision of the Independent Stylist Agreement. The former employees do not have any fatal errors in their complaint, therefore the matter is not dismissed. However, "it would be more efficient for the parties and the judicial system to hear these claims in New Jersey."
Court: USDC Idaho, Judge: Nye, Filed On: July 19, 2023, Case #: 2:22cv397, NOS: Arbitration - Other Suits, Categories: arbitration, jurisdiction
J. Medina finds a lower court and arbitration panel erred in determining back pay owed to an employee in an employment dispute. While this case should be remanded to the arbitrator to resolve legal issues around exactly how much back pay that employee is owed, the district order was also wrong to grant a motion to compel back pay because it “did not have the power or authority to rule on the dispute,” which was “reserved for the arbitrator.” Reversed.
Court: New Mexico Court of Appeals, Judge: Medina, Filed On: July 17, 2023, Case #: A-1-CA-40179, Categories: arbitration, Employment, jurisdiction