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Arbitration Law
 
Truly Nolen of America, Inc. v. King Cole Condominium Association, Inc.

Truly Nolen of America, Inc. (“Truly Nolen”) appeals a trial court order
finding that it waived its right to compel arbitration by filing a motion to transfer
venue based on forum non conveniens while simultaneously filing a motion to
compel arbitration. Because the actions taken by Truly Nolen were not
inconsistent with its right to enforce the mandatory arbitration clause in ... More...
   $0 (07-23-2014 - FL)

Momentis U.S. Corporation v. Sheldon Weisfield and Wesley Bishop

In this accelerated appeal, Momentis U.S. Corporation appeals the trial court’s order
denying its motion to compel arbitration. Momentis contends the trial court abused its discretion
by denying its motion because Sheldon Weisfeld and Wesley Bishop entered into an agreement
and, under the terms of the agreement, agreed to arbitrate all disputes. Momentis also argues the
terms of ... More...
   $0 (07-23-2014 - TX)

Timothy Sandquist v. Lebo Automotive, Inc.

In this class action, plaintiff Timothy Sandquist purports to appeal from the trial
court’s August 14, 2012 order granting defendants’ motion to compel him to arbitrate his
individual claims, as well as defendants’ motion to dismiss all class claims without
prejudice. Although this order is not appealable, we liberally construe Sandquist’s notice
of appeal to include the tr... More...
   $0 (07-22-2014 - CA)

Scott Galen v. Redfin Corporation

In this employment dispute, defendant Redfin Corporation appeals from the trial court’s order denying its motion to compel arbitration of the claims asserted in plaintiff Scott Galen’s class action lawsuit. The court concluded plaintiff’s claims are based on alleged statutory violations and are therefore not encompassed by the parties’ contractual agreement. Additionally, the court found t... More...   $0 (07-21-2014 - CA)

Len Rao v. The American Arbitration Association

Len Rao appeals the trial court’s granting of a plea to the jurisdiction filed by the
American Arbitration Association. In two points of error, Rao argues the trial court erred in
granting AAA’s plea to the jurisdiction because (1) the arbitral immunity doctrine does not apply
to AAA’s actions and (2) AAA does not have jurisdiction to arbitrate the alleged arbitration
clause.... More...
   $0 (07-21-2014 - TX)

Zurich American Insurance Company v. Sandra A. Debose

Appellant, Zurich American Insurance Company, appealed an administrative decision regarding coverage of worker’s compensation insurance to the trial court. Both parties filed motions for summary judgment. The trial court granted the motion for summary judgment filed by appellee, Sandra A. Debose, and denied
2
Zurich American’s motion. In five issues, Zurich American argues (1) Zurich A... More...
   $0 (07-15-2014 - TX)

Hallmark Cards v. Monitor Clipper Partners

Hallmark Cards, Inc. (Hallmark), hired Monitor Company Group, L.P.
(Monitor), to compile research on the greeting cards market. Monitor transmitted
confidential market research it had prepared for Hallmark to a private equity firm
called Monitor Clipper Partners, LLC (Clipper), the defendant in this litigation.
Clipper used this information to purchase and subsequently manage a com... More...
   $0 (07-15-2014 - MO)

Robert S. Bennett v. Broocks Baker & Lange, L.L.P.

This appeal involves the latest chapter in a law firm’s attempts to collect on a judgment it obtained against its former partner. Robert Bennett appeals the trial court’s order appointing a receiver in the matter, contending that the order
2
improperly subjects his wholly-owned personal limited liability company to turnover. Finding no error, we affirm.
Background
In August 199... More...
   $0 (07-10-2014 - TX)

Flintco, LLC v. Thalden Boyd Architects, d/b/a Thaldenboyd Architects, et al.

FLINTCO LLC, Plaintiff, v. THALDEN BOYD ARCHITECTS, DBA THALDENBOYD ARCHITECTS Defendant, and
CHARLES CHIEF BOYD, Defendant, and BARRY RICHARD THALDEN, DBA THALDEN BOYD ARCHITECTS
Defendant, and THALDEN BOYD ARCHITECTS LLC, Defendant, and THALDEN BOYD EMERY ARCHITECTS,
Defendant, and GREEN COUNTRY INTERIORS INC, Defendant, and ADVANTAGE GLASS INC, Defendant, and
... More...
   $0 (07-07-2014 - OK)

Raj Singh v. Stephen Lipworth

A judgment entered against Raj Singh in a prior action (Super. Ct. Sacramento County, 2006, No. 00AS00602) was assigned to Stephen Lipworth, who moved successfully to amend the judgment to add certain aliases of Singh, namely Kaus Singh and Archana Singh. (Singh v. Lipworth (June 18, 2008, C053762) [nonpub. opn.].)1 Thereafter, the trial court granted Lipworth’s application for sale of certain p... More...   $0 (07-03-2014 - CA)

Mercy Ambat v. Zainabu Anderson

Plaintiffs, current and former deputies of the San Francisco Sheriff’s Department (“SFSD”), appeal the district court’s order granting summary judgment to the City and County of San Francisco (the “County”) on their challenge to SFSD’s policy prohibiting male deputies from supervising female inmates in the housing units of SFSD’s jails. The district court concluded that SFSD’s po... More...   $0 (07-02-2014 - CA)

Susan Goldman v. James R. Gagnard and Michelle Gagnard

This case comes to us with a byzantine procedural history, with a certain Jarndyce v. Jarndyce, Dickensian flavor. The litigation has spanned ten years and involves numerous parties, as well as several interlinked proceedings in different tribunals. But the main question

2 Nos. 12-2706 & 13-2045

underlying the appeal is clear: can a party wait indefinitely to try to correct an er... More...
   $0 (06-27-2014 - IL)

Ted Maslo v. Ameriprise Auto & Home Insurance

Appellant Ted Maslo was the insured on an automobile insurance policy issued by respondent Ameriprise Auto and Home Insurance (insurer).1 After sustaining bodily injuries as a result of an accident caused by an uninsured motorist, Maslo filed a claim seeking the $250,000 limit on the policy’s uninsured motorist coverage. In response, the insurer demanded arbitration. After being awarded $164,120... More...   $0 (06-27-2014 - CA)

Joanne Peake v. Marviel Underwood

Joanne Peake purchased a home from Marviel and Deanna Underwood. About two years later, Peake brought an action against the Underwoods and the Underwoods'


2

real estate agent, Paul Ferrell.1 Peake sought to recover damages for defendants' alleged failure to disclose defective subfloors in the home.

After the case had been pending for more than one year, Ferrell moved for t... More...
   $0 (06-25-2014 - CA)

Holly Stroth, Personal Representative of the Wrongful Death Estate of Gary Carl Stroth v. North Lincoln County Hospital District, d/b/a Star Valley Medical Center

[¶1] This case involves a claim arising under the Wyoming Governmental Claims Act
(WGCA), Wyo. Stat. Ann. §§ 1-39-101 through -121 (LexisNexis 2009). Appellant,
Holly Stroth, as personal representative of the estate of the decedent, Gary Carl Stroth,
filed a wrongful death action against the North Lincoln County Hospital District (d/b/a
Star Valley Medical Center), the Town of T... More...
   $0 (06-23-2014 - WY)

Arshavir Iskanian v. CLS Transportation Los Angeles, LLC

In this case, we again address whether the Federal Arbitration Act (FAA) preempts a state law rule that restricts enforcement of terms in arbitration agreements. Here, an employee seeks to bring a class action lawsuit on behalf of himself and similarly situated employees for his employer‘s alleged failure to compensate its employees for, among other things, overtime and meal and rest periods. Th... More...   $0 (06-23-2014 - CA)

Quality Lease and Rental Holdings, LLC v. Greta Yvette Mobley, David Michael Mobley, Texas Quality Mats, LLC, Texas Quality Gate Guard Service, LLC, and Quality Lease Air Service, LLC

These two interlocutory appeals arise from a commercial dispute involving appellees Greta Yvette Mobley, David Michael Mobley, Texas Quality Mats, LLC, Texas Quality Gate Guard Service, LLC, and Quality Lease Air Service, LLC (collectively “Mobley”). In appellate cause number 13-14-00064-CV, appellant Quality Lease and Rental Holdings (“QLRH”) contends that the trial court erred in denying... More...   $0 (06-19-2014 - OK)

William Bush and Mari Marc S.A. de C.V. v. Cardtronics, Inc. and Cardtronics S.A. de C.V.

Appellant William Bush1 challenges the trial court’s judgment granting appellees Cardtronics, Inc. (“Cardtronics USA”) and Cardtronics Mexico, S.A. de

2

C.V.’s motion to dismiss based on a forum selection clause. In four issues, Bush argues that the forum selection clause does not govern because (1) Bush performed under an earlier contract; (2) the latter contract did not rep... More...
   $0 (06-19-2014 - TX)

Keeya Malone v. California Bank & Trust

Plaintiff and petitioner Keeya Malone brought the instant wage and hour action against her former employer, defendant and real party in interest California Bank & Trust (CB&T).1 CB&T moved to compel arbitration, pursuant to a clause in its employee handbook. Malone opposed the petition arguing, inter alia, that the arbitration agreement was unconscionable. CB&T responded that the arbitration agree... More...   $0 (06-17-2014 - CA)

Phillip Dale Archer and Crystal Lynn Archer v. David Alan Archer, Steven Lee Archer, and Anita Sue Hunter

Phillip Dale Archer (Phillip) and Crystal Lynn Archer (collectively appellants) bring this interlocutory appeal from the trial court’s order denying their motion to compel arbitration. See TEX. CIV. PRAC. & REM. CODE ANN. § 171.098(a)(1) (West 2011) (permitting interlocutory appeal from trial court’s order denying motion to compel arbitration). We affirm the trial court’s order.

Back... More...
   $0 (06-17-2014 - TX)

Memorial Hermann Hospital System d/b/a Memorial Hermann Southwest Hospital v. Jewell Hayden

In this interlocutory appeal,1 Memorial Hermann Hospital System d/b/a Memorial Hermann Southwest Hospital appeals a trial court’s order denying its

1 See TEX. CIV. PRAC. &REM. CODE ANN. § 51.014(a)(9) (West Supp. 2013).

2

motion to dismiss Jewell Hayden’s slip-and-fall claim arising out of an injury she suffered while she was assisting a patient at the hospital. The... More...
   $0 (06-17-2014 - TX)

Tamar Orichian v. BMW of North America, LLC

Tamar Orichian purchased a new 2007 BMW X5 automobile from a BMW dealership. BMW of North America, LLC, expressly warranted the vehicle against defects in materials or workmanship, agreeing to repair or replace any defective parts. Plaintiff filed a complaint for breach of warranty under the Song-Beverly Consumer Warranty Act (Civ. Code, § 1790 et seq.) (Song-Beverly)1 and the federal Magnuson-M... More...   $0 (06-14-2014 - CA)

United States of America v. Wendell Young, Adrian Franklin, Francisco DeLaRosa and Tracey Young

Nashville, TN - Wendell Young, 34, of Inglewood, Calif., Adrian Franklin, 40, of Chandler, Arizona, Francisco DeLaRosa, 42, of West Covina, Calif. and Tracey Young, 46, of Los Angeles, have been sentenced by United States District Court Judge William Haynes for their participation in a money laundering scheme to defraud Nissan, announced David Rivera, U.S. Attorney for the Middle District of Tenne... More...   $0 (06-13-2014 - TN)

Michael Barrett v. Salt Lake County and Linda Hamilton

The trouble began when Michael Barrett, a Salt Lake County employee, helped a colleague pursue a sexual harassment complaint against her boss. The complaint was entirely warranted but some in management apparently didn’t like the publicity. According to Mr. Barrett, his superiors thought him a noisy troublemaker and began a campaign to have him discharged or demoted. After he was demoted Mr. Bar... More...   $0 (06-13-2014 - UT)

Marissa Rea v. Blue Shield of California

In 1999, the Legislature enacted the California Mental Health Parity Act (Health & Saf. Code, § 1374.72)1 (Parity Act) to address the imbalance between medical coverage for physical illnesses and mental illnesses. The Parity Act mandated that every health care service plan contract “provide coverage for the diagnosis and medically necessary treatment of severe mental illnesses . . . under the s... More...   $0 (06-10-2014 - CA)

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