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Arbitration Law
 
Jeffrey Cooper v. Lavely & Singer

In the underlying arbitration proceeding, the arbitrator initially issued a “Final Award” denying a request for an award of attorney fees by respondent Lavely & Singer Professional Corporation (L & S). The arbitrator later modified the Final Award to include a fee award, and issued a “Revised Final Award.” Appellant Jeffrey Cooper challenges the trial court’s confirmation of the Revised ... More...   $0 (09-26-2014 - CA)

City of Owasso v. Fraternal Order of Polic

¶1 Defendants/Appellants Fraternal Order of Police, Lodge #149, and Mike Denton (respectively, Lodge and Denton, or collectively, Defendants), seek review of an order of the trial court vacating a decision of an arbitrator as contrary to public policy. In this appeal, Defendants complain the parties' collective bargaining agreement expressly proscribes district court review of an arbitrator's dec... More...   $0 (09-23-2014 - OK)

Roy F. Witt v. Hudiburg Chevrolet, Inc. d/b/a Hudiburg Chevrolet

Norman, Cleveland County, OK - Roy F. Witt and Cory Carbaugh sued Hudiburg Chevrolet, Inc. d/b/a Hudiburg Chevrolet on conversion theories claiming:

1) Plaintiff, Roy F. Wit, is a resident of Oklahoma County, State of Oklahoma.
2) Plaintiff, Cory Carbaugh, is a resident of Cleveland County, State of Oklahoma, and the wrongful arrest oecuned in Cleveland County, State of Oklahoma.
... More...
   $1 (09-17-2014 - OK)

United Rentals, Inc. and United Rentals Northwest, Inc. v. Thomas T. Smith

Appellants seek reversal of the trial court’s order denying their motion to compel
arbitration against plaintiff and former employee Thomas Smith. We affirm.

BACKGROUND

Smith alleges that Appellant unlawfully terminated him on the basis of age during a
series of workforce reduction layoffs that targeted only older employees. Smith further alleges
that he refused to ... More...
   $0 (09-17-2014 - TX)

Ingrid Van Zant v. Apple, Inc.

This case concerns a question of procedure that may arise when a plaintiff sues a manufacturer for marketing and selling allegedly defective smartphones: If the plaintiff claims internal defects in the smartphone are the sole cause of its failure to perform as advertised, is the network carrier for the smartphone a necessary party to the lawsuit? We conclude the network carrier is not a necessary ... More...   $0 (09-12-2014 - CA)

United States of America v. Anthony Cuti

21 Following a jury trial, Anthony Cuti was convicted on June 8, 2010 of one
22 count of conspiracy to make false statements and four counts of securities fraud
23 and was sentenced on August 22, 2011 to concurrent terms of thirty‐six months of
2
imprisonment, to 1 be followed by concurrent terms of three years of supervised
2 release. In this appeal, Cuti challenges: (1) whe... More...
   $0 (09-11-2014 - NY)

John Russell Coffman v. Celeste Elane Coffman Melton

John Russell Coffman appeals from the issuance of a second protective order preventing him from having contact with his ex-wife, Celeste Elane Coffman Melton, among others. In two issues, John challenges the legal and factual sufficiency of the evidence to support the court’s order and contends the court
erred in awarding attorney’s fees to Celeste. We affirm.
1
Background
Duri... More...
   $0 (09-04-2014 - TX)

In the Estate of Rosa Elvia Guerrero, Deceased

Mike Hall Chevrolet, Inc. d/b/a Champion Chevrolet (Champion) brings this interlocutory appeal from the trial court’s order denying its motion to compel arbitration pursuant to the Federal Arbitration Act (FAA). See Tex. Civ. Prac. & Rem. Code § 51.016 (providing that matters subject to the FAA may be appealed under the same circumstances that an appeal from a federal court order is permitted b... More...   $0 (09-04-2014 - TX)

Kurt Knutson v. KTLA, LLC

Defendant, KTLA, LLC, appeals from an order denying its motion to compel arbitration. Plaintiffs, Kurt Knutsson and his company, Woojivas, Incorporated, entered into a personal service agreement to act as a technology reporter with defendant, a television broadcaster. The personal service agreement is subject to a three-step grievance and arbitration provision in a collective bargaining agreement.... More...   $0 (09-04-2014 - CA)

John S. Kao v. The University of San Francisco

Plaintiff John S. Kao sued the University of San Francisco (USF) for violations of the Fair Employment and Housing Act (Gov. Code, § 12900 et seq. (FEHA)), the Unruh Civil Rights Act (Civ. Code, § 51 et seq.), and the Confidentiality of Medical Information Act (Civ. Code, § 56 et seq.) in connection with the events surrounding his termination as a professor at USF. He also asserted causes of ac... More...   $0 (09-02-2014 - CA)

Dean Alexander v. FedEx Ground Package System, Inc.

As a central part of its business, FedEx Ground Package
System, Inc. (“FedEx”), contracts with drivers to deliver
packages to its customers. The drivers must wear FedEx
uniforms, drive FedEx-approved vehicles, and groom
themselves according to FedEx’s appearance standards.
FedEx tells its drivers what packages to deliver, on what
days, and at what times. Although driv... More...
   $0 (08-28-2014 - CA)

Stephanie Cruise v. Kroger Co.

Defendants and appellants Kroger Co., Kroger Manufacturing, Compton Creamery, Keith Oldenkamp, Steve Kuebbing, Jesse Turner, Keith Henry, Jill McIntosh and Tony Ramirez (sometimes collectively referred to as Kroger or the Kroger defendants) appeal an order denying their motion to compel arbitration of an employment discrimination action filed by plaintiff and respondent Stephanie Cruise (Cruise).1... More...   $0 (08-27-2014 - CA)

Ignacio Arqquistain v. Pacific Gas & Electric Company

With certain exceptions, California’s Labor Code1 requires an employer to provide to an employee who works more than five hours “a meal period of not less than 30 minutes.” (§ 512, subd. (a).) This provision does not apply to an employee of an electrical or gas corporation who is covered by a valid collective bargaining agreement that, inter alia, “expressly provides for meal periods for ... More...   $0 (08-27-2014 - CA)

Favour Leasing, LLC, et al v. Patrick J. Mulligan, et al

We deny appellees’ motion for rehearing. On our motion, we withdraw our June 24, 2014 opinion and vacate our judgment of that date. This is now the opinion of the Court.
This is an interlocutory appeal from the trial court’s order overruling the special appearance of Favour Leasing, LLC, C.F. Abbott Family LLC, and the LLC’s sole members, the C.F. Abbott Trust and the Oranee H. Abbott Tr... More...
   $0 (08-19-2014 - TX)

MELONIE M. ANDERSON, Respondent-Appellant, vs. CARE INITIATIVES, INC. d/b/a WESTRIDGE NURSING & REHAB CENTER, Petitioner-Appellees.

Melonie Anderson appeals the district court’s judicial review decision that reversed the workers’ compensation award of benefits and remanded the case back to the agency. She claims on appeal the district court erroneously concluded there was a lack of evidence to support a determination of medical causation and the court applied the incorrect standard of review to the agency’s decision. Bec... More...   $0 (08-14-2014 - IA)

Steve Munson v. Bill Fraser

Vacated, in part, and remanded for proceedings consistent with this opinion.
1
1 SERCOMBE, J.
2 This appeal arises from an action in which plaintiffs--common shareholders
3 of Vulcan Power Company (Vulcan), a Colorado corporation in the business of
4 developing geothermal power projects with its principal place of business located in
Oregon15 --brought claims against Vulcan... More...
   $0 (08-13-2014 - OR)

Whataburger Restaurants LLC v. Yvonne Cardwell

Whataburger Restaurants LLC, Appellant, brings this interlocutory appeal of the trial court’s order denying Whataburger’s motion to compel arbitration and motion to dismiss Yvonne Cardwell’s personal injury suit. We reverse the trial court’s order and remand with instructions.
BACKGROUND
As a condition of employment, Whataburger employees are subject to the arbitration “policy”... More...
   $0 (08-13-2014 - TX)

RYAN COMPANIES and ZURICH NORTH AMERICA, Petitioners-Appellants/Cross-Appellees, vs. GREG BISSELL, Respondent-Appellee/Cross-Appellant.

Employer Ryan Companies appeals from an adverse ruling by the district court on its petition for judicial review from an award of workers’ compensation benefits. The Iowa Workers’ Compensation Commissioner found carpenter Greg Bissell injured his lower back in the course of his employment, Ryan had notice, and Bissell lost one-hundred percent of his earning capacity as a result of the injury. ... More...   $0 (08-13-2014 - IA)

Kurt Knutsson v. KTLA, LLC

Defendant, KTLA, LLC, appeals from an order denying its motion to compel
arbitration. Plaintiffs, Kurt Knutsson and his company, Woojivas, Incorporated, entered
into a personal service agreement to act as a technology reporter with defendant, a
television broadcaster. The personal service agreement is subject to a three-step
grievance and arbitration provision in a collective barga... More...
   $0 (08-12-2014 - CA)

Ameripath, Inc. and DFW 5.01(a) Corporation v. Steven Hebert M.D.

AmeriPath, Inc. (“AmeriPath”) and DFW 5.01(a) Corporation (“DFW”) appeal the trial court’s judgment, which finalized a series of summary judgments and separate legal rulings, and which awarded attorney’s fees to appellee Steven Hebert. In four issues, appellants contend the trial court erred by (1) denying their motion to confirm an arbitration award, (2) granting summary judgment on a... More...   $0 (08-11-2014 - TX)

Seven Hills Commercial, LLC v. Mirabal Custom Homes, Inc., et al.

In this consolidated, interlocutory appeal, we examine whether the trial court erred by denying appellants’ motions to compel arbitration. Appellant Seven Hills Commercial, LLC (Seven Hills) appeals from three orders issued by the trial court in which the trial court refused to compel arbitration and stay the case pending in the trial court. Appellants Catenary Group, LLC (Catenary), Post Real E... More...   $0 (08-11-2014 - )

Gregory Hull v. Richard B. Giesler and Idaho Trust Deeds, LLC

Richard Giesler and Idaho Trust Deeds, LLC (collectively “Giesler”) appeal the Twin Falls County district court’s judgment declaring the rights and obligations on a contract. This case arose out of several oral and written agreements between Giesler and Gregory Hull that related to purchasing and subdividing property. After a bench trial, the court found that Hull sold the property to Giesle... More...   $0 (08-06-2014 - ID)

Maria Rebolledo v. Tilly's Inc.

Tilly’s Inc. and World of Jeans & Tops, Inc. (hereafter collectively referred to in the singular as Employer) appeal from the trial court’s order denying its motion to compel arbitration of Maria Rebolledo’s putative class action regarding statutory wage claims. We agree with the trial court’s conclusion the parties’ arbitration agreement expressly excluded statutory wage claims from the... More...   $0 (08-06-2014 - CA)

Darrell Bruess and Traci Bruess v. Residential Credit Solutions, Inc.

When Darrell and Traci Bruess fell behind on their mortgage payments, Residential Credit Solutions, Inc. initiated foreclosure proceedings against them. The Bruesses sued RCS, thereby halting the foreclosure. The parties attended mediation, which ended with the attorneys for both sides signing a mediated
2
settlement agreement. Over one year later, the trial court entered a final judgment ... More...
   $0 (08-05-2014 - TX)

Lenox MacLaren Surgical Corporation v. Medtronic, Inc., et al.

Lenox MacLaren Surgical Corporation manufactures bone mills, which are
medical devices used in spinal-fusion surgery. In 2000, Lenox began to sell some
of its bone mills through a Medtronic entity, Medtronic Sofamor Danek USA.
The arrangement ended badly: Medtronic Sofamor Danek USA initiated a recall
of Lenox’s bone mills, and another Medtronic entity began to manufacture andMore...
   $0 (08-05-2014 - CO)

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