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Arbitration Law
 
Dennis Werbowski and Susan Werbowski v. Red Shield Insurance Company

In this breach of contract action under an insurance policy, the trial court entered a general judgment in favor of defendant, and also awarded defendant attorney fees under ORS 36.425(4). Plaintiffs appeal, challenging only the award of attorney fees, and we affirm.

The facts are not disputed. Plaintiffs' breach of contract claim was referred to court-annexed arbitration. ORS 36.400 to 3... More...
   $0 (07-24-2008 - OR)

Michaelle Simmons, as Personal Representative, etc., et al. v. Lida Ghaderi

Evidence Code section 1115 et seq.1 sets forth an extensive statutory scheme protecting the confidentiality of mediation proceedings, with narrowly delineated exceptions. In this breach of contract action arising from a medical malpractice suit, plaintiffs sought to enforce an oral settlement agreement allegedly formed during mediation. During pretrial proceedings, the doctor stipulated to, and su... More...   $0 (07-21-2008 - CA)

Certain Underwriters at Lloyd's, London, Certain London Market Insurance Companies

Plaintiffs Certain Underwriters at Lloyd’s, London, and Certain London Market Insurance Companies1 sought a judicial declaration of their obligations under reinsurance and direct insurance contracts involving defendant Astro Limited (Astro), serving as both the reinsured and direct, captive insurer, and defendant Boeing Company (Boeing), the direct insured. The circuit court of Cook County grant... More...   $0 (07-18-2008 - IL)

Alpine Glass, Inc. v. Illinois Farmers Insurance Company; Mid-Century Insurance Company

Illinois Farmers Insurance Company and Mid-Century Insurance Company (collectively “Illinois Farmers”) appeal from the district court’s1 orders: (1) dismissing their counterclaim for breach of contract and three requests for declaratory relief; and (2) consolidating Alpine Glass, Inc.’s (“Alpine Glass”) short-pay claims in a single arbitration under Minnesota’s No-Fault Automobile In... More...   $0 (07-15-2008 - MN)

Evanston Insurance Co. v. W.L.M.

This is an insurance coverage dispute. W.L.M. sued Machaga Johns (Johns) and Our Gang Hair Designs, Inc. (Salon) in Minnesota state court alleging Johns, a massage therapist at the Salon, sexually assaulted W.L.M. while W.L.M. was receiving a therapeutic massage performed by Johns. Johns is insured under a general liability policy issued by Evanston Insurance Company (Evanston). Evanston broug... More...   $0 (06-24-2008 - MN)

Jill Golden and Sheldon Golden v. GMAC Insurance Company

Plaintiff, Jill Golden,1 was allegedly injured on April 9, 1999, when her vehicle was struck from behind by a vehicle driven by Walter Koonce and owned by Koonce's employer, Access Corporation. Plaintiff instituted a personal injury suit in the Law Division on March 29, 2001, against Koonce and his employer. At the time of the accident, Koonce and his employer were covered by a liability ins... More...   $0 (06-24-2008 - NJ)

LSI Title Agency, Inc. v. Evaluation Services, Inc.

1 Evaluation Services, Inc. (ESI) appeals from the order, dated April 9, 2007, and entered April 11, 2007, that granted the motion for judgment on the pleadings filed by LSI Title Agency, Inc. f/k/a Lender's Service, Inc. (LSI). In the same order, the court precluded ESI from litigating and/or continuing its breach of contract claim before the American Arbitration Association and denied ESI'... More...   $0 (06-06-2008 - PA)

Wartsila NDS North America v. Hill International v. John H. Clegg, et al.

Hill International, Inc. ("Hill") appeals from the denial of a post-trial motion it called a "Motion to Mold the Verdict and Enter Judgment Consistent with the Parties' Written Contract" ("the Motion"). Hill was found liable for negligence and breach of its contract with Wartsila NSD North America, Inc. ("Wartsila"). The jury awarded Wartsila $2,047,952 in damages.

Hill filed its Moti... More...   $1 (06-24-2008 - NJ)

Aramark Facilities Services v. Service Employees International Union, Local 1877, AFL CIO CLC

This case arose from the response by Aramark Facility Services ("Aramark") to a "no-match letter" from the Social Security Administration ("SSA"), which indicated that Aramark had reported information for 48 of its employees at the Staples Center in downtown Los Angeles that did not match the SSA's database. Suspecting immigration violations, Aramark told the listed employees they had three d... More...   $0 (06-21-2008 - CA)

Casablanca Trax, Inc. v. Trax Records, Inc., et al.

What happens when the parties to a contract put a broad arbitration clause in one document, but include no such clause in a second document providing security for the promises made in the first document? At least under the circumstances of this case, we hold that the parties must submit the question of arbitrability to the arbitrator first, before addressing any claims that may not be subjec... More...   $0 (06-06-2008 - IL)

Lisa Bybee v. Alan Abdulla, M.D.

1 Lisa Bybee filed a wrongful death action against Dr. Alan Abdulla, alleging that his negligent care caused her husband, Mark Bybee, to commit suicide. Because Mr. Bybee had entered into an arbitration agreement, Dr. Abdulla filed a motion to enforce the agreement and to compel Mrs. Bybee to arbitrate her wrongful death claim. The district court denied the motion, and Dr. Abdulla appealed. ... More...   $0 (06-13-2008 - UT)

Advance America Servicing of Arkansas, Inc. v. Brend McGinnis

Advance America Servicing of Arkansas, Inc. (Advance America) and associated entities1 brought this action against Brenda McGinnis seeking to compel arbitration of their dispute over a series of loan agreements. McGinnis moved to dismiss for lack of subject matter jurisdiction. The district court2 granted the motion after determining that the amount in controversy was below the requisite minim... More...   $0 (05-23-2008 - AR)

Emma Lou Glenn v. Nortex Foundation Designs, Inc. and Jerry L. Coffee, P.E.

Emma Lou Glenn challenges the summary judgment granted in favor of Appellees Nortex Foundation Designs, Inc. and Jerry L. Coffee, P.E. on her claims for breach of implied warranties and negligence in the design of the foundation of her home. Because, under the summary judgment evidence presented, no cause of action exists in favor of Glenn and against Appellees for breach of an implied warranty a... More...   $0 (05-15-2008 - TX)

Guardian Pipeline, LLC v. 950.80 Acres of Land, et al.

Guardian Pipeline needed easements to build a natural-gas pipeline that the Federal Energy Regulatory Commission authorized it to construct. What it could not acquire by negotiation, it proposed to take by condemnation under 15 U.S.C. §717f(h). This action covers more than a hundred parcels of land in northeastern Illinois. The district court appointed a commission to receive evidence and p... More...   $0 (05-13-2008 - IL)

Carolyn Lee and Keith Cummings v. Daniels & Daniels

This is an appeal from an arbitration award in favor of appellee, Daniels & Daniels. In an opinion and judgment dated February 13, 2008, we reversed the trial court's judgment in part and remanded for entry of judgment consistent with our opinion because we concluded the trial court erred in affirming portions of the arbitration award. Appellants filed a motion for rehearing. We grant the motion f... More...   $0 (05-16-2008 - TX)

Technical Packaging, Inc. v. Richard Hanchett, et al.

Technical Packaging, Inc. ("Technical Packaging" or "Technical"), sued its former attorney Richard Hanchett and Hanchett's firm, Trenam, Kemker, Scharf, Barkin, Frye, O'Neill & Mullis, P.A. ("Trenam"; collectively, "Hanchett/Trenam"), for legal malpractice. The trial court granted Hanchett/Trenam's motion for summary judgment, ruling that Hanchett/Trenam had prevailed on its defense of abandon... More...   $0 (05-09-2008 - FL)

Porfirio Serrano, et al. v. Stefan Merli Plastering Company, Inc.

Porfirio Serrano and Lourdes Serrano appeal orders requiring them to pay the fees charged by Coast Court Reporters (Coast) for copies of deposition transcripts in a pending action and denying their request to relieve them of fees charged for expedited service. Coast had agreed to provide the copies to the Serranos on the condition that the Serranos and Coast would be bound by the trial court's... More...   $0 (05-10-2008 - CA)

Farmers Automobile Insurance Association v. Stephen Wroblewski and Gloria Wroblewski

Plaintiff Farmers Automobile Insurance Association (Farmers) filed a declaratory judgment action against its insureds Stephen and Gloria Wroblewski (Wroblewski),1 seeking a judgment that Farmers was not obligated to provide uninsured motorist coverage to Wroblewski in connection with a traffic accident involving Wroblewski and Sharon Drolet, who was an uninsured motorist. On appeal, Farmers ... More...   $0 (05-08-2008 - IL)

Louis W. Miller and Richard J. Royals v. American Airlines, Inc.

Plaintiffs Louis Miller and Richard Royals, ages eighty and seventy-five years old respectively, have sued their former employer, American Airlines, Inc. for failing to offer them a position with salary comparable to that of their previous job of flight engineer, which they held until May of 2002. Because the arbitrator determined that the collective bargaining agreement did not entitle the... More...   $0 (05-06-2008 - IL)

Rudolph V. Bailey, Sr. v. Acme/ASCO/Albertson's Inc.

(1) The plaintiff-appellee, Rudolph V. Bailey, Sr., filed an appeal from the Superior Court's June 19, 2007 order granting the motion for summary judgment of the defendant-appellee Acme/Asco/Albertson's Inc. ("Acme"). We find no merit to the appeal. Accordingly, we affirm.

(2) The record reflects that Bailey, acting pro se, filed a tort action in the Court of Common Pleas, alleging tha... More...   $0 (05-04-2008 - DE)

Sean Holloway v. Thompson Island Outward Bound Education Center, Inc.

Sean Holloway was fired from his position as a maintenance worker for Thompson Island Outward Bound Education Center, Inc. ("TIOB"), which is a non-profit organization operating on one of the Boston Harbor Islands. He brought suit in the federal district court for Massachusetts, alleging racial discrimination and retaliation in violation of Title VII and the analogous state law. 42 U.S.C. § 2000e ... More...   $0 (05-01-2008 - MA)

Nicholas Lohman v. Duryea Borough, et al.

Nicholas Lohman sued the Borough of Duryea on a civil rights theory, 42 U.S.C. 1983, claiming that he was retaliated against for helping a fellow officer regain his job. Lohman claimed that he was targeted by council members who were upste that fellow officer Charles Guarnieri, who was fired in 2003, successfully challenged his dismissal through arbitration. Lohman claimed that he layed off after ... More...   $12000 (04-25-2008 - PA)

Michael F. Jennings v. Kay Jennings Family Limited Partnership, et al.

In this appeal we consider whether the trial court erred in dismissing Michael Jennings' derivative suit because Michael, a limited partner in the Kay Jennings Family Limited Partnership, did not "fairly and adequately represent the interests" of the limited partners and the partnership and therefore lacked standing to bring a derivative suit pursuant to Code § 50-73.62.

FACTS and PROCEEDING... More...   $0 (04-24-2008 - VA)

Mary Irene Shepard v. Harleysville Worcester Insurance Co., Inc.

The plaintiff, Mary Irene Shepard (Shepard), appeals from a Superior Court judgment granting the motion for summary judgment of the defendant, Harleysville Worcester Insurance Co., Inc. (Harleysville). This case came before the Supreme Court for oral argument on March 10, 2008, pursuant to an order directing the parties to appear and show cause why the issues raised in this appeal should not ... More...   $0 (04-07-2008 - RI)

Advanced Bodycare Solutions, LLC v. Thione International, Inc.

In this interlocutory appeal we must decide whether the Federal Arbitration Act permits enforcement of a contract clause requiring an aggrieved party, prior to filing a lawsuit, to institute mediation or non-binding arbitration. We conclude it does not. Accordingly, we affirm the district court's order denying a stay pending arbitration.

I.

Advanced Bodycare International and Thi... More...   $0 (04-21-2008 - FL)


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