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Arbitration Law
 
Michael Dasher v. RBC Bank (USA), d/b/a RBC Bank Morelaw Internet Marketing for Legal Professionals MoreLaw Can Make Your Phone Ring 888-354-4529

Defendant RBC Bank (USA) (“RBC”) appeals the district court’s denial of a motion to compel arbitration. We affirm, albeit for reasons different than those cited by the district court.

I.

Michael Dasher held a checking account with RBC and used a debit card for that account. Dasher asserts RBC failed to properly warn him of possible overdrafts at points of sale when he used his de... More...
   $0 (02-21-2018 - )

Sue Jin Yi And Ronald Cox V. The Kroger Co. Washington Court of Appeals, Division 1 - Tacoma, Washington

Ronald Cox, a former Quality Food Centers Inc. (QFC)
employee, filed this class action challenging QFC's policy of rounding hourly
employees' clocked-in time to the nearest quarter hour. Specifically, he contends
QFC intentionally manipulated the application of this policy to result in
underpayment of wages.
QFC appeals the trial court's denial of the motion to compel arbitrati... More...
   $0 (02-19-2018 - WA)

Hong Sang Market, Inc. v. Vivien Peng

These appeals arise out of a commercial tenancy dispute. In one appeal, defendant
and cross-complainant Vivien Peng challenges a judgment awarding damages for backdue
rent to her former landlord, plaintiff and cross-defendant Hong Sang Market, Inc.
(Hong Sang). Peng argues that a judgment in a prior unlawful detainer action against her,
in which Hong Sang was awarded one month’s ba... More...
   $0 (02-14-2018 - CA)

Clayton Douglas v. Serenivision, Inc.

There is a “strong presumption that courts should
determine the jurisdiction of arbitrators.” (Sandquist v. Lebo
Automotive, Inc. (2016) 1 Cal.5th 233, 249 (Sandquist).) Parties
may nevertheless agree to let an arbitrator decide his or her own
jurisdiction, at least if their agreement to do so is “‘clear[] and
unmistakabl[e].’” (Howsam v. Dean Witter Reynolds, Inc. (2002)
5... More...
   $0 (02-08-2018 - CA)

Donald Morgan v. Michael Robinson District of Nebraska Federal Courthouse - Lincoln, Nebraska

After Donald Morgan ran against his boss Michael Robinson, the incumbent
sheriff, in a primary election, Robinson terminated Morgan’s employment as a deputy
with the Washington County, Nebraska Sheriff’s Office for statements Morgan made
during the campaign. Morgan then brought this First Amendment retaliation action
under 42 U.S.C. § 1983, and Robinson moved for summary judgment o... More...
   $0 (02-08-2018 - )

Marina Pacifica Homeowners Association v. Southern California Financial Corporation

Both plaintiff and defendant appeal from a postjudgment
order concluding neither of them was the prevailing party in
litigation over an assignment fee, and consequently neither of
them was entitled to attorney fees under Civil Code section 1717
(section 1717) or to costs under Code of Civil Procedure
section 1032 (section 1032). We affirm the trial court’s order.
FACTS
... More...
   $0 (02-06-2018 - CA)

Juan Gonzales v. Wayne Bill Lew

Code of Civil Procedure section 9981 is a cost-shifting
statute designed to encourage parties to settle their lawsuits
prior to trial by punishing a party that refuses a reasonable
settlement offer. In order to trigger section 998, a settlement offer
must be clear, in that it must allow the party receiving the offer
to evaluate whether the party making the offer is likely to ob... More...
   $0 (02-03-2018 - CA)

Matthew Warciak v. Subway Restaurants, Inc. Northern District of Illinois Courthouse - Chicago, Illinois

Should courts apply federal or state
law to decide whether a contract’s arbitration clause binds a
non-signatory? In Scheurer v. Fromm Family Foods LLC, we held
* The Honorable Sara Darrow, United States District Court for the Central
District of Illinois, sitting by designation.
2 No. 17-1956
that courts should apply state law. 863 F.3d 748, 750 (7th Cir.
2017). We rei... More...
   $0 (01-27-2018 - IL)

Keith Saunders v. Fort Motor Company; Jeff Marzina; Karen Morrison Western District of Kentucky Federal Courthouse - Louisville, Kentucky

This case involves claims by Keith Saunders
against his employer, Ford Motor Company, under both § 301 of the Labor Management
Relations Act (LMRA), 29 U.S.C. § 185, and Kentucky law. Saunders contends that Ford
breached the applicable collective bargaining agreement (CBA) by twice placing him on
temporary leave—known as no-work-available (NWA) status—and that his local union breac... More...
   $0 (01-26-2018 - KY)

Jeanne T. Bartels v. Saber Healthcare Group, LLC Eastern District of North Carolina Federal Courthouse - Raleigh, North Carolina

Saber Healthcare Holdings, LLC, sits at the top of a family of wholly owned limited-liability companies that own and operate dozens of assisted-living facilities and nursing homes in several states, including North Carolina. Current and former residents of one of Saber’s North Carolina assisted-living facilities brought a putative class action in North Carolina state court against Saber Healthcare... More...   $0 (01-24-2018 - NC)

Thoams Lippman v. City of Oakland

Lippman owns rental property in the City. In 2009 and 2010, the City’s Building
Services Department (Building Services) cited Lippman for blight and substandard living
conditions on the property. He disputed the citations and eventually sought
administrative review.
In April and June 2012, a hearing officer appointed by Building Services heard
Lippman’s appeals. The hearing off... More...
   $0 (01-22-2018 - CA)

Keith Saunders v. Ford Motor Company, Jeff Marzian, Karen Morrison Western District of Kentucky Federal Courthouse - Louisville, Kentucky

This case involves claims by Keith Saunders
against his employer, Ford Motor Company, under both § 301 of the Labor Management
>
No. 17-5277 Saunders v. Ford Motor Co., et al. Page 2
Relations Act (LMRA), 29 U.S.C. § 185, and Kentucky law. Saunders contends that Ford
breached the applicable collective bargaining agreement (CBA) by twice placing him on
temporary leave—known ... More...
   $0 (01-16-2018 - KY)

Jon Gregory Sanchez v. Robert Elizondo

Defendant-Appellant Robert Elizondo appeals the
district court’s order vacating his arbitration award and
remanding for further proceedings. Elizondo was awarded
$75,000 in damages (the Award) in the parties’ arbitration,
which Elizondo initiated to recoup losses he suffered as a
result of Plaintiff-Appellee Gregory Sanchez’s
mismanagement of his investment portfolio. Elizo... More...
   $0 (01-09-2018 - NV)

Mark Herll; Patricia Herll v. Auto-Owners Insurance Company Eighth Circuit Courthouse - St. Louis, Missouri

Auto-Owners Insurance Company appeals the district court’s order granting
summary judgment in favor of its insured, Mark and Patricia Herll, in a dispute
concerning damage from a hailstorm to windows in the Herlls’ home. The parties
could not agree on a loss amount for the damage, so they submitted the loss
determination to an appraisal panel in accordance with the policy. The pane... More...
   $0 (01-08-2018 - MO)

J. Brent Arave v. Merrill Lynch, Pierce, Fenner & Smith, Inc.

Plaintiff and appellant, J. Brent Arave, brought several claims under the California
Fair Employment and Housing Act (FEHA) (Gov. Code, § 12900 et seq.) against his
former employers, Merrill Lynch, Pierce, Fenner & Smith, Inc. (Merrill Lynch), Bank of
America (BoA), his supervisor Joseph Holsinger, and a human resources supervisor,
Katherine Anderson (collectively, defendants). He ... More...
   $0 (01-04-2018 - CA)

Justin Kim v. Reins International California, Inc.

Appellant Justin Kim sued his former employer, Reins
International California, Inc., alleging individual and class
claims for wage and hour violations, and seeking civil penalties
on behalf of the State of California and aggrieved employees
under Labor Code section 2698 et seq., the Labor Code Private
Attorneys General Act of 2004 (PAGA). Reins successfully moved
to compel ... More...
   $0 (12-31-2017 - CA)

Tracia Dominguez v. Florida Power & Light Lee County Courthouse - Fort Myers, Florida

Fort Meyers, FL - Jury Awards Mother of Dead Son $24 Million In Damages

Tricia Dominguez sued Florida Power and Light on a negligence theory claiming that her son, Justin, age 15, was electrocuted and died when bamboo he was climbing came into contact with a power line owned by the Defendants.

Plaintiff claimed that the Defendant knew of the danger and that it needed to rectified... More...
   $0 (12-24-2017 - FL)

Rodney D. Bailey v. Dallas County, Texas; Dallas County Sheriff's Department Civil Service Commission and Juanita H. Nanez, Steve Hanna and Dwayne Bishop, In their Official Capacities as Members of the Sheriff's Department Civil Service Commission

This case concerns a district court’s subject-matter jurisdiction to hear the case of a deputy sheriff, Rodney D. Bailey, who was terminated by Dallas County and whose civil service proceeding was dismissed. Bailey appeals the trial court’s dismissal of his suit against Dallas County, the Dallas County Sheriff’s Department’s Civil Service Commission, and the members of the Commission. Bailey bring... More...   $0 (12-21-2017 - TX)

Carol Lee Craig v. Southwest Securities, Inc. & John C. Coyle

Appellant Carol Lee Craig appeals from a final judgment confirming an arbitration award. In two issues, she contends the trial court erred in dismissing her motion to vacate the arbitration award because she timely served notice of the motion and, even if the service was untimely, the trial court should have equitably tolled the deadline for service. For the following reasons, we affirm the trial ... More...   $0 (12-18-2017 - TX)

Pasadera Builders, LP v. Todd Hughes

Pasadera Builders, LP appeals the trial court’s order granting Todd Hughes’s motion to confirm an arbitration award and denying Pasadera’s motion to vacate a portion of the arbitration award. Pasadera contends the trial court erred in refusing to vacate the portion of the arbitration award finding neither party was a prevailing party entitled to attorney’s fees, expenses, and arbitration costs und... More...   $0 (12-13-2017 - TX)

Virgil Jensen v. U-Haul Company of California

In this tort action, plaintiffs and respondents Virgil Jensen and Glenda Jensen
contend that they suffered damages caused by a negligently maintained rental truck,
which blew a tire while Virgil Jensen was driving it. Defendant and appellant U-Haul
Co. of California (UHCA) appeals from the trial court’s denial of its motion to compel
1
arbitration. UHCA contends that plaintiffs... More...
   $0 (12-11-2017 - CA)

Optional Capital , Inc. v. Akin Gump Straus, Hauer and Feld, LLP

Optional Capital, Inc. (Optional or Plaintiff) sued
various entities and individuals, including DAS Corporation
(DAS) and its counsel—Akin Gump Straus Hauer & Feld
LLP (Akin) and Parker Shumaker Mills LLP, David Parker
and William Mills (collectively, Parker) (collectively with
Akin, Defendants)—for conversion and fraudulent transfer.
Plaintiff sought to recover from Defend... More...
   $0 (12-08-2017 - CA)

Saul M. Kaufman and J.G. Goodman v. American Express Travel Related Services Company, Inc. Seventh Circuit Court of Appeals Courthouse - Chicago, Illinois

aul Kaufman, as lead plaintiff in a
class action, sued American Express Travel Related Services
2 No. 16‐1691
Company, Inc. (“Amex”), alleging claims for breach of contract,
unjust enrichment, and statutory fraud related to
Amex’s general‐use, prepaid gift cards. Just over two years
after Kaufman filed the class action, Kaufman (on behalf of
the class) and A... More...
   $0 (12-07-2017 - IL)

State Farm General Insurance Company v. Watts Regulator Co.

A nonprofit organization (Arbitration Forums, Inc. or AF)
provides arbitration services for insurers and self-insured
companies who become members of AF by signing its “Property
Subrogation Arbitration Agreement” (the AF arbitration
agreement). Plaintiff State Farm General Insurance Company
and defendant Watts Regulator Company are members of AF
that signed the AF arbitrati... More...
   $0 (12-03-2017 - CA)

City of Fontana v. California Department of Tax and Fee Administration, City of Ontario, Real Parties in Interest

If a municipality imposes a sales tax, the State Board of Equalization (Board or
BOE) has the statutory authority to collect and then remit the tax back to the
municipality. But what if more than one municipality claim that the taxable sale occurred
within its jurisdiction? Included in the Board’s authority is the power to determine where
sales of personal property occur, and the c... More...
   $0 (11-28-2017 - CA)

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