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Arbitration Law
 
Tymeco Jones v. SCO Silver Care Operations, L.L.C. d/b/a Alaris Health at Cherry Hill

Plaintiffs, Tymeco Jones, Iesha Bullock, and Teairra Pizzarro, are certified nursing assistants who bring this action against their employer, SCO Silver Care Operations (“Silver Care”) for violations of the Fair Labor Standards Act (“FLSA”) and related New Jersey state wage and hour laws. The plaintiffs claim that Silver Care underpaid them for overtime in two ways. First, Silver Care failed to in... More...   $0 (05-23-2017 - NJ)

Karen Vanover v. NCO Financial Services, Inc.

Plaintiff-Appellant Karen Vanover (“Vanover”) sued Defendant-Appellee NCO Financial Systems, Inc. (“NCO”), on April 23, 2014, for violations of the Telephone Consumer Protection Act (“TCPA”), 47 U.S.C. § 227, after NCO attempted to collect medical debts from her. See Vanover v. NCO Fin. Sys., Inc., Case No. 8:14-cv-964-T-35EAJ (M.D. Fla. 2014) (hereinafter “Vanover I”). Nearly one year after Vanov... More...   $0 (05-18-2017 - )

Charles Kinney v. Michele R. Clark

Charles Kinney appeals from a post-judgment award for
attorney fees and costs Michele Clark incurred in a prior appeal
while attempting to enforce an earlier award for attorney fees
and costs against Kinney. Kinney has been challenging Clark’s
entitlement to fees and costs in this action since 2008, when the
trial court first awarded Clark attorney fees and costs under a
re... More...
   $0 (05-18-2017 - )

Jacquelynn L. Jacks v. CMH Homes, Inc., d/b/a Oakwood Homes, Oklahoma City, and d/b/a Clayton Manufactured Homes; CMH Manufacting, Inc. a/k/a Karsten Homes

In 2009, Jacquelyn Jacks bought a manufactured home from CMH Homes, Inc.,
on installment. The purchase was financed through CMH Homes under a manufactured home
retail installment contract. The contract contains an arbitration agreement, which
provides that all disputes arising from, or relating to, the contract would be resolved by
binding arbitration. By its terms, “[t]his Arbitra... More...
   $0 (05-17-2017 - OK)

Luis Vega v. New Forest Home Cemetery, LLC

Luis Vega filed this suit alleging that
his former employer, New Forest Home Cemetery, LLC (“New
Forest”), by failing to pay him for his final two weeks of work,
violated his right under the Fair Labor Standards Act of 1938,
29 U.S.C. § 206(b), to compensation at the minimum wage. The
district court entered summary judgment in favor of New
2 No. 16-3119
Forest, reasonin... More...
   $0 (05-17-2017 - IL)

Employee Solutions McKinney, L.L.C. v. Michael Wilkerson

In this interlocutory appeal, appellants Employee Solutions McKinney, LLC, ESI/Employee Solutions, L.P., and ESI General, LLC challenge two trial court orders denying motions to compel arbitration. Because the arbitration agreement at issue delegated questions of arbitrability to the arbitrator, we reverse the trial court’s orders denying the motions to compel and remand this case to the trial cou... More...   $0 (05-15-2017 - TX)

Daniel Medici, et al. v. City of Chicago

On July 2, 2015, the three plaintiffs
filed this suit against the City of Chicago. Eventually they
lost in the district court and two of them—Medici and
Kukielka—have appealed.
The plaintiffs are military veterans currently employed as
Chicago police officers. All three have tattoos relating to
2 No. 15-3610
their military service and to their religion. Medici’s is a ta... More...
   $0 (05-10-2017 - IL)

Marina Pacifica Homeowners Association v. Southern California Financial Corporation

SUMMARY
Since January 1, 2008, Civil Code sections 1098 and 1098.5
have governed the circumstances under which certain fee
payments, imposed when real property is transferred, may or
may not be collected.1 In Marina Pacifica Homeowners Assn. v.
Southern California Financial Corp. (2014) 232 Cal.App.4th 494
(Marina Pacifica I), this court determined that a monthly
“assig... More...
   $0 (04-25-2017 - )

Almedia Christine Sumner v. Cherokee County Nursing Center

Tahlequah, OK - Almedia Christine Sumner v. Cherokee County Nursing Center

1. NURSING HOME NEGLIGENCE

Plaintiff, who was assessed as being at a high risk for falling, fell and was injured while a resident of the defendant nursing home and had to have brain surgery.

Docket
Date Code Description Count Party Amount
01-11-2016

FILE & ENTER PETITION... More...
   $1 (04-24-2017 - OK)

William C. Milks III v. Alton B. West, Mary C. West, Erickson Inspections, LLC and Toby Horn Exterminating (The 1), LLC

Tulsa, OK - William C. Milks III sued Alton B. West, Mary C. West, Erickson Inspections, LLC and Toby Horn Exterminating The 1), LLC on a Residential Property Condition Disclosure Act (60 O.S. 831) violation theory.

Plaintiff purchased a home from the Wests for $615,000
The property was inspected and found, after certain repairs, to be in good repair.



Issue # 1. ... More...
   $0 (04-24-2017 - OK)

Prescription Health Network, LLC, and William M. Blackshear Jr., M.D. v. Toby R. Adams, Lisa B. Adams, and Adams Marketing Consulting, Inc. Denton County Texas Courthouse

Appellants Prescription Health Network, LLC (PHN) and William M.
Blackshear Jr., M.D. (collectively, the PHN Defendants) appeal from the trial
court’s judgment confirming an arbitration award in favor of Appellees Toby R.
1See Tex. R. App. P. 47.4.
2
Adams, Lisa B. Adams, and Adams Marketing Consulting, Inc. (AMC)
(collectively, the Adams Plaintiffs). We affirm.
I. Fact... More...
   $0 (04-20-2017 - TX)

The Urban Wildlands Group, Inc. v. City of Los Angeles

I. INTRODUCTION
Defendant, City of Los Angeles, Bureau of Street Lighting,
appeals from an order vacating a judgment pursuant to Code of
Civil Procedure1 section 473, subdivision (b). Plaintiff, The
Urban Wildlands Group, Inc., filed a petition for writ of mandate
and complaint for declaratory and injunctive relief. The mandate
petition and complaint allege a single cause o... More...
   $0 (04-14-2017 - )

Bellevue Farm Owners Association v. Chad Stevens

To establish abuse of process, the claimant must prove (1) an
ulterior purpose to accomplish an object not within the proper scope of the process, (2)
an act not proper in the regular prosecution of proceedings, and (3) harm caused by the
abuse of process. Chad Stevens filed a counterclaim against Mark Baute for abuse of
process. Stevens alleged as damages that he incurred attorney... More...
   $0 (04-10-2017 - WA)

Sharon McGill v. Citibank, N.A.

In previous decisions, this court has said that the statutory remedies
available for a violation of the Consumers Legal Remedies Act (CLRA; Civ.
Code, § 1750 et seq.), the unfair competition law (UCL; Bus. & Prof. Code, §
17200 et seq.), and the false advertising law (id., § 17500 et seq.) include public
injunctive relief, i.e., injunctive relief that has the primary purpose and ef... More...
   $0 (04-10-2017 - )

Santander Consumer USA, Inc. v. Mario A. Mata; Centroplex Automobile Recovery, Inc.; Blake Thornton Vandusen, John F. Thompson d/b/a Centroplex Automobile Recovery, Inc.; and Redshift Investigation, Inc.

This is an appeal from the trial court’s denial of a motion to compel arbitration and
stay proceedings filed by appellant Santander Consumer USA, Inc. The trial court granted the
motion as to appellee Mario A. Mata and denied it as to the remaining appellees, Centroplex
Automobile Recovery, Inc.; Blake Thornton Vandusen; John F. Thompson d/b/a Centroplex
Automobile Recovery, Inc.; ... More...
   $0 (03-29-2017 - TX)

JOHN JOSEPH FILIPELLI vs. IOWA RACING AND GAMING COMMISSION and IOWA GREYHOUND ASSOCIATION


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The Iowa Legislature created the IRGC to have regulatory jurisdiction over
all gambling operations governed by Iowa Code chapters 99D (2015) (pa... More...
   $0 (03-25-2017 - IA)

Jane Doe v. Columbia North Hills Hospital Subsidiary, L.P., Columbia North Texas Subsidiary GP, LLC, and HCA Health Services of Texas, Inc.

A court cannot compel arbitration in the absence of a valid arbitration
agreement, and a valid arbitration agreement cannot exist in the absence of
employee notice and acceptance. In re Dallas Peterbilt, Ltd., L.L.P., 196 S.W.3d
2
161, 162 (Tex. 2006); In re AdvancePCS Health L.P., 172 S.W.3d 603, 605 (Tex.
2005). In this appeal from a final judgment confirming an arbitr... More...
   $0 (03-23-2017 - TX)

Kathryn A. McClain v. Safeco Insurance Company of Oregon

Safeco Insurance Company (Safeco) appeals from
a judgment that awarded plaintiff recovery of her attorney
fees under ORS 742.061. Safeco had sent her a timely letter
offering to arbitrate the issues of fault and damages in her
underinsured motorist claim. Under those circumstances,
Safeco contends that attorney fees are not recoverable
because the “safe harbor” exception of... More...
   $0 (03-15-2017 - OR)

My Three Sons, LTD., My Three Sons Management, LLC, Prestonwood OB/GYN Associates, P.A., Christopher Riegel, M.D., P.A., and Christopher Riegel v. Midway/Parker Medical Center, L.P., Kinsman Ventures, LLC, Manhattan Construction Company, TD Industries, Inc., Southstar Fire Protection Company, CMA Management Company, and Midway Medical Center Owners Association, Inc.

Christopher Riegel and various entities affiliated with him––My Three Sons, Ltd., My
Three Sons Management, LLC, Prestonwood OB/GYN Associates, P.A., Christopher Riegel,
M.D., P.A.––appeal the trial court’s dismissal of their lawsuit against appellees for failing to
comply with an order compelling arbitration of the dispute. In five issues, appellants complain
the trial court erred... More...
   $0 (03-09-2017 - TX)

JOHN P. McMANUS v. THE UNITED STATES Mr. McManus reported gambling winnings of $17,400,000 as “United States source income” for 2012.

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Pending before the court in this tax refund case are cross-motions for summary
judgment pursu... More...
   $0 (03-09-2017 - DC)

Joseph S. McGreal v. The Village of Orlando Park

On June 28, 2010, Joseph McGreal
was fired from his position as a police officer with the Orland
Park Police Department. Thereafter, he sued the Village
of Orland Park and three members of the police department—
Chief of Police Timothy McCarthy, Lieutenant Patrick
Duggan, and Lieutenant James Bianchi—claiming that the
defendants violated his First Amendment rights by firing... More...
   $0 (03-07-2017 - IL)

Byron Lewis v. Frito-Lay, Inc. and Greg Henault

Byron Lewis appeals the district court’s order granting summary judgment in
favor of Frito-Lay on his claim of race discrimination under 42 U.S.C. § 1981.
Exercising jurisdiction under 28 U.S.C. § 1291, we affirm.
I
Lewis is African-American. He worked as a packer at Frito-Lay’s
manufacturing plant in Topeka, Kansas, from 1991 until Frito-Lay terminated his
employment in 20... More...
   $0 (03-03-2017 - KS)

Warren West v. Thomas Hoover, et al.

Plaintiff Warren West appeals from the District Court's grant of summary judgment to the
defendants, certain officials of a Rhode Island town in their
official capacities and individual defendants associated with the
town. West contends that the termination of his employment with
the town violated his right to procedural due process under the
Fourteenth Amendment of the United ... More...
   $0 (03-03-2017 - RI)

Nemoria Coria v. Christopher Jide Ogidan and Moses Gbolabo

Appellant Nemoria Coria purchased a home from appellees Christopher Jide Ogidan and
Moses Gbolabo. She later sued appellees for breach of contract and DTPA violations. The trial
court entered a take-nothing judgment in favor of appellees. In four issues, appellant argues the
trial court erred by (1) entering a take nothing judgment when the undisputed evidence
established appellees... More...
   $0 (02-28-2017 - TX)

Ty Howerton v. Dr. Michael N. Wood and Cindy Wood

Appellant Ty Howerton appeals from the trial court’s final judgment that confirmed an arbitration award entered in favor of appellees Dr. Michael N. Wood and Cindy Wood (the Woods). We affirm the trial court’s judgment.
1See Tex. R. App. P. 47.4.
2
I. BACKGROUND
This appeal arises from a home renovation that went horribly wrong. In
2010, the Woods bought a home in Mansfield, Te... More...
   $0 (02-23-2017 - TX)

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