778 results for 'cat:"Arbitration"'.
J. Dorsey grants Citibank's motion compel arbitration. Though the husband was an authorized user on his wife's account, he says it was improper for Citibank to report it because he wasn’t required to pay the balance and, so, it shouldn’t impact his credit. The husband used the Sears credit card he was issued for a number of years, and when he attempted to purchase a home, he found that his credit report contained “negative information." The husband's credit reporting act claim is based in statute, not contract. The arbitration agreement covers statutory claims. Citibank had the authority to report the account to credit agencies. And the arbitration agreement specifically states that claims brought against it by authorized users are subject to arbitration.
Court: USDC Nevada, Judge: Dorsey , Filed On: May 10, 2024, Case #: 2:24cv222, NOS: Other Personal Property Damage - Torts - Personal Property, Categories: arbitration, Banking / Lending
J. Bybee finds that the district court properly issued an order compelling arbitration for California Private Attorneys General Act (PAGA) individual claims brought by a class lead plaintiff and vacated the order to the extent it compels arbitration of her non-individual claims. The matter is remanded to the district court to dispose of the non-arbitrable claims. The matter is a class action under PAGA for violations of California’s labor code. Affirmed in part.
Court: 9th Circuit, Judge: Bybee, Filed On: May 10, 2024, Case #: 22-56209, Categories: arbitration, Employment, Class Action
J. Bredar denies a freight transport company’s motion for summary judgment in this Family Medical Leave act lawsuit stemming from 63 current and former employees’ complaints. The case has been stayed for several years until the unions pursued arbitration proceedings against the company for suspending or terminating the employees after being accused of abusing the FMLA leave. The freight firm alleges the Railway Labor Act preempts the claims and that if the claims are not preempted, then they are time-barred. The arbitrators did not find a key reason for firing the employees to be pretextual. Therefore, the company failed to meet the burden showing the preclusion issue is warranted.
Court: USDC Maryland, Judge: Bredar, Filed On: May 8, 2024, Case #: 1:18cv744, NOS: Family and Medical Leave Act - Labor, Categories: arbitration, Employment, Labor / Unions
J. Brown, in this interlocutory appeal, finds the circuit court properly denied the nursing center's motion to compel arbitration in this wrongful death suit. The estate alleges that due to insufficient staffing, the decedent was not turned often enough to prevent the stage 2 wound to her left coccyx, a boil to her left buttock and an unstageable wound to her right heel. The patient was also dehydrated and malnourished, which prevented healing. There is insufficient evidence the decedent authorized her daughter to bind her to arbitration, and the daughter did not have actual authority to enter into the agreement on her mother's behalf. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Brown, Filed On: May 8, 2024, Case #: CV-23-182, Categories: arbitration, Health Care, Wrongful Death
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 properly denied the employer's motion to compel arbitration of a former employee's retaliation suit alleging she was fired for reporting that a patient sexually assaulted her. The arbitration agreement is not enforceable based on the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act. Affirmed.
Court: Texas Courts of Appeals, Judge: Jewell, Filed On: May 7, 2024, Case #: 14-23-00300-CV, Categories: arbitration, Employment
J. Detjen finds that the trial court should have granted an employee's motion to withdraw from arbitration after his former employer failed to timely pay the arbitration fees and costs. The employer was $250 shy of the full amount due, and its argument that the employee had to pay one-half that amount fails because the arbitration agreement's sharing provision only applies to the initial case management fee, which had already been paid. Also, the employee's silence when the employer sought an extension did not mean he "agreed" to the extension. Reversed.
Court: California Courts Of Appeal, Judge: Detjen, Filed On: May 6, 2024, Case #: F086342, Categories: arbitration, Employment, Sanctions
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. Milazzo grants a group of insurers’ request for a preliminary injunction, barring New Orleans’ aviation board from prosecuting arbitration claims against them related to a design contract dispute over the construction of the new terminal facility at the Louis Armstrong New Orleans International Airport. The irreparable harm the insurers would suffer if forced to arbitrate claims without an arbitration agreement outweighs any harm the city’s aviation board would suffer in potential litigation costs.
Court: USDC Eastern District of Louisiana , Judge: Milazzo, Filed On: May 6, 2024, Case #: 2:23cv5806, NOS: Other Statutory Actions - Other Suits, Categories: arbitration, Contract
Per curiam, the appellate division finds that the trial court should have upheld an arbitration award because the arbitrator's findings were well-reasoned and remained consistent with the parties' collective bargaining agreement. Reversed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 3, 2024, Case #: CA 23-00699 , Categories: arbitration
J. Lyle finds that the lower court properly denied the plaintiff driver's request for statutory costs and but improperly denied her prejudgment interest as the prevailing party in an arbitration proceeding stemming from a motor vehicle suit. The driver did not request costs in her litigation papers, which is a required step even before the arbitrator designated her as the prevailing party. However, as the assessment of interest does not qualify as "damages," the driver is still entitled to this money without having made a prior request to the arbitrator. Reversed in part.
Court: Illinois Appellate Court, Judge: Lyle, Filed On: May 3, 2024, Case #: 230079, Categories: arbitration, Vehicle, Damages
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. Shea grants the employer's motion to compel arbitration, ruling the contract at issue in this case is between two business entities and, therefore, is not covered by any exemption to the Federal Arbitration Act, including the exemption involving workers engaged in interstate commerce, such as the delivery drivers who brought the suit. Additionally, the fee-shifting provision of the arbitration clause does not render it unconscionable because the drivers have not shown arbitration costs would be prohibitive, while the bold and large type on the contract negates any argument the agreement was deceptive.
Court: USDC Connecticut, Judge: Shea, Filed On: May 2, 2024, Case #: 3:23cv1695, NOS: Other Labor Litigation - Labor, Categories: arbitration, Employment, Labor
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. 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. Bennett grants Sherwin-Williams’ motion to compel arbitration and stay of the proceedings in this employment dispute brought by a former paint mixer who alleges race discrimination based on a failure to rehire claim. The paint mixer argues that the arbitration agreement was outside of the scope of his claims and not valid. The court found the arbitration agreement to be valid and enforceable, delegating the threshold issue of arbitrability to the arbitrator.
Court: USDC Maryland, Judge: Bennett, Filed On: April 30, 2024, Case #: 1:23cv3190, NOS: Employment - Civil Rights, Categories: arbitration, Employment Discrimination, Employment Retaliation
J. Reiss grants the bank’s motion to stay the action and refer to arbitration in this employment agreement dispute brought by a former executive president who says his assets had been converted. The court found the arbitration clause to be broad as to all disputes related to the employment agreement, and the arbitrator needs to decide the issues of arbitrability.
Court: USDC Vermont, Judge: Reiss, Filed On: April 29, 2024, Case #: 2:23cv274, NOS: Other Contract - Contract, Categories: arbitration, Employment, Contract
J. Immergut grants the insurance company's motion to compel arbitration in the insured's lawsuit alleging that the insurance company wrongfully disagreed with the value of the insured's claim for the injuries she sustained while pregnant during an accident with an at-fault, underinsured motorist. The insured implicitly agreed to arbitration when her demand letter stated that she “demands, consents, offers and commits to arbitration," so no new consideration is required. The insured also limited her ability her recovery attorney fees when she instituted arbitration proceedings.
Court: USDC Oregon, Judge: Immergut, Filed On: April 26, 2024, Case #: 3:24cv25, NOS: Insurance - Contract, Categories: arbitration, Insurance, 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. Lake finds that class action claims by a dental office customer, who received text messages and calls from the dental office even though he requested to be added to the “do not call list,” cannot proceed because the claims fall under an arbitration agreement. The customer of the dental office signed an arbitration agreement when he first engaged the dental office for services. The dental office’s motion to strike the class allegations and its motion to compel arbitration are granted.
Court: USDC Southern District of Texas, Judge: Lake, Filed On: April 26, 2024, Case #: 4:23cv3460, NOS: Telephone Consumer Protection Act (TCPA) - Other Suits, Categories: arbitration, Communications, Consumer Law
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