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Arbitration Law
 
Thompson v. Pruitt Corporation

On January 11, 2011, Respondent, Mae Ruth Davis Thompson (Daughter), and her brother, Andrew Phillip Davis (Son), had their mother, Eula Mae Davis (Mother), transferred from Piedmont Medical Center to a nearby nursing home facility owned or operated by Appellant UniHealth Post Acute Care-Rock Hill (UniHealth). A UniHealth employee presented an Admission Agreement, an Arbitration Agreement (AA), a... More...   $0 (03-06-2016 - SC)

District No. 1, Pacific Coast v. Liberty Maritime Corporation

Liberty Maritime Corporation (Liberty) appeals a district court order compelling it to arbitrate its ongoing labor dispute with District No. 1, Pacific Coast District, Marine Engineers’ Beneficial Association, AFL-CIO (MEBA or the Union). For years, Liberty and MEBA were parties to successive collective bargaining agreements (CBAs) under which Liberty exclusively employed MEBA members as supervis... More...   $0 (02-28-2016 - DC)

Adrian Fridman v. Safeco Insurance Company of Illinois

The conflict issue in this case is whether an insured is entitled to a
determination of liability and the full extent of his or her damages by first bringing
an uninsured/underinsured motorist (UM) action before litigating a first-party bad
faith cause of action under section 624.155, Florida Statutes (2007). The related
issues we address are whether that determination of dam... More...
   $0 (02-25-2016 - FL)

Overseas Investment Group v. Wall Street Electronica, Inc. and Herzog, Heine, Geduld, Inc.

Plaintiff, Overseas Investment Group, appeals from a final summary judgment entered in favor of the defendant, Herzog, Heine, Geduld, Inc., a brokerage firm, in connection with Herzog’s liquidation of Overseas’s margin account. The trial court found that Herzog was not liable to Overseas for breach of contract and breach of fiduciary duty because by contract Herzog had sole discretion to liquidat... More...   $0 (02-24-2016 - FL)

James Poehler vs. Cincinnati Insurance Company

Appellant Cincinnati Insurance Company (Cincinnati) insured respondent James
Poehler under a homeowner’s insurance policy, which provided replacement-cost coverage
for Poehler’s home and personal property. As required by the statute governing fire
insurance policies issued in Minnesota, the policy includes an appraisal clause providing
that if the parties cannot agree on the a... More...
   $0 (02-21-2016 - MN)

CALL HENRY, INC. v. USA

On April 23, 2003, Plaintiff, Call Henry, Inc., entered into a contract with Defendant, the National Aeronautics and Space Administration (“NASA”), whereby plaintiff agreed to provide inspection, maintenance, and testing services for the John H. Glenn Research Center in Brook Park, Ohio. This contract has a base period of three years followed by up to seven one-year option periods and is a servic... More...   $0 (02-18-2016 - NY)

Joseph C. Thomas, et al v. The Standard Fire Insurance Company, et al

On March 14, 2006, The Standard Fire Insurance Company (“Standard”), a subsidiary of The Travelers Property Casualty Companies (“Travelers”) (collectively, “Insurer”), issued a homeowners insurance policy to the plaintiffs, Joseph C. Thomas and Grace C. Daniell (“Homeowners”) for their residence located at 2967 Folts Circle, Chattanooga, Tennessee. The policy went into effect on March 14, 2006, a... More...   $0 (02-17-2016 - TN)

Chesapeake Appalachia LLC v. Scout Petroleum

In 2008, Chesapeake entered into various oil and gas leases with landowners in several northeastern Pennsylvania counties. Chesapeake is the “Lessee,” and the “Lessor” is (or originally was) the respective landowner, e.g., “[t]his Lease made this 10th day of January, 2008, by and between: William D. Bergey and Joanne M. Bergey, husband and wife . . . hereinafter collectively called ‘Lessor’ and ... More...   $0 (02-07-2016 - PA)

R.S. Silver Enterprises, Inc. v. Pascarella

This breach of contract action, filed by the plaintiff, R.S. Silver Enterprises, Inc., against the defendants, Henry Pascarella and Riversedge Partners, returns to this court following our remand to the trial court for resolution of a jurisdictional challenge to the plaintiff’s standing to prosecute this action, as pleaded in thedefendants’ twenty-firstspecial defense. R.S. Silver Enterprises, In... More...   $0 (02-01-2016 - CT)

Tulips Investments, LLC v. State of Colorado

At issue in this case is judicial enforcement of an administrative investigatory
subpoena for documents of a corporation located outside of Colorado that is suspected
of conducting business within Colorado in violation of its two leading consumer
protection statutes.1 Tulips Investments, LLC (“Tulips”) is a Delaware corporation the
State of Colorado contends is conducting a lo... More...
   $0 (02-01-2016 - CO)

Safeway Insurance Company v. Hadary

The procedural history of this appeal is important to consider. On November 3, 2014,
this court filed its opinion in Safeway Insurance Company v. Hadary, 2014 IL App (1st) 132554
(Safeway I). The petition for leave to appeal to the Supreme Court in Safeway I was denied on
November 25, 2015, with the order of the Supreme Court stating as follows:
¶ 4 "In the exercise of this ... More...
   $0 (01-21-2016 - IL)

BEN VILLARREAL JR., CLEO MARTINEZ, and LaCASA MARTINEZ TEXMEX, INC. vs. UNITED FIRE & CASUALTY COMPANY d/b/a UNITED FIRE GROUP

A restaurant was severely damaged by fire. The owners made an insurance claim, but much of the claim was denied. They ultimately sued the insurer for policy benefits. They obtained a jury verdict and judgment against the insurer, which the insurer paid. Thereafter, they brought a separate action against the insurer for bad faith, alleging it had lacked a reasonable basis for its prior refusal ... More...   $0 (01-08-2016 - IA)

PECO Logistics, LLC v. Walnut Investment Partners, L.P., et al.

In March 2011, two sophisticated investors (the “Walnut Investors”) acquired
preferred units in PECO Logistics, LLC (“PECO” or the “Company”) and became parties
to an LLC agreement that afforded them the voluntary right to sell their preferred units
back to PECO three years later (the “Put Right”). The LLC agreement provides that,
upon exercise of the Put Right, the Company mu... More...
   $0 (01-01-2016 - DE)

Deere & Company & a. v. The State of New Hampshire, Kubota Tractor Corporation v. The State of New Hampshire, Husqvarna Professional Products, Inc. v. The State of New Hampshire

The pertinent facts follow. SB 126, enacted in 2013, amended RSA chapter 357-C to define “motor vehicle” as including “equipment,” which “means farm and utility tractors, forestry equipment, industrial equipment, construction equipment, farm implements, farm machinery, yard and garden equipment, attachments, accessories, and repair parts.” Laws 2013, 130:1 (quotations omitted); see RSA 357-C:1, ... More...   $0 (12-31-2015 - NH)

State Of Montana v. Poulson

Kermit Ty Poulson appeals the order of the Eleventh Judicial District Court,
Flathead County, which revoked his suspended sentences and reimposed his two
consecutive two-year commitments to the Montana Department of Corrections (DOC) for
the convictions of felony criminal possession of dangerous drugs and felony
bail-jumping. The two convictions were filed as separate appeals... More...
   $0 (12-31-2015 - MT)

United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union AFL-CIO-CLC, et al. v. Wise Alloys, LLC

This appeal and cross-appeal represent the latest chapter3 in the contentious
aftermath of a November 2007 collective-bargaining agreement between the Union
and the Company. The Company operates an aluminum rolling mill in Muscle
Shoals, Alabama, and the Union represents many of the Company’s production
workers. In 2007, the Company and the Union entered into a collective-barg... More...
   $0 (12-26-2015 - AL)

Miccosukee Tribe of Indians of Florida v. Billy Cypress, et al

The Plaintiff, the Miccosukee Tribe, is a federally registered tribe in Southern Florida. The defendants include: (1) Billy Cypress, the Tribe's former Chairman; (2) Julio Martinez, the Tribe's former CFO; (3) Miguel Hernandez, the
Tribe's former Director of the Department of Finance; (4) Guy Lewis, a non Tribal-member attorney in Miami; (5) Michael Tein, a non-Tribal-member attorney in Miam... More...
   $0 (12-25-2015 - FL)

DIRECTV, Inc. v. Imburgia

DIRECTV, Inc., the petitioner, entered into a service agreement with its customers, including respondents Amy Imburgia and Kathy Greiner. Section 9 of that contract provides that “any Claim either of us asserts will be resolved only by binding arbitration.” App. 128. It then sets forth a waiver of class arbitration, stating that “[n]either you nor we shall be entitled to join or consolidate cla... More...   $0 (12-25-2015 - DC)

December Corp. v. Wild Meadows Home Owners Association, et al.

Plaintiff December Corporation (“December Corp.”) is a Pennsylvania corporation whose principal business is to manage and maintain housing communities.1 December Corp. manages the Wild Meadows manufactured housing community (“Wild Meadows”), which is an “active adult manufactured housing community”2 located in Dover, Delaware. Defendant Wild Meadows Home Owners Association (“WMHA”) is an incorpo... More...   $0 (12-23-2015 - DE)

Federal Insurance Company v. Kert Reedstrom

Federal Insurance Company appeals the order of the Marshall Circuit Court denying its motion to compel arbitration of the breach-of-contract claim asserted against it by Kert Reedstrom. We reverse and remand.

In 2008, Reedstrom entered into a written employment agreement with Marshall-Jackson Mental Health Board, Inc., d/b/a Mountain Lakes Behavioral Healthcare ("MLBHC"), to begin serv... More...
   $0 (12-20-2015 - AL)

BRUCE BAKER vs. BRIDGESTONE/FIRESTONE and OLD REPUBLIC INSURANCE

Bruce Baker works for Bridgestone/Firestone1 at its Des Moines plant. He has worked for the company since 1994. At the time of the arbitration hearing in this case, he was a maintenance mechanic in the hoist department. As a maintenance mechanic, Baker inspected and repaired machines located at the Bridgestone plant. This position often required him to work on scissor lifts suspended up to twe... More...   $0 (12-18-2015 - IA)

State Farm Mutual Automobile Insurance Company vs. Angela Mary Lennartson

The two cases before us in this consolidated appeal involve a dispute over the
obligation of an insurer to pay no-fault medical-expense or income-loss benefits after the
same expenses or losses were recovered in a tort action. We consider two questions:
(1)_whether the Minnesota No-Fault Automobile Insurance Act (No-Fault Act), Minn.
Stat. §§ 65B.41-.71 (2014), bars an insured... More...
   $0 (12-16-2015 - MN)

Entrada Company, LLC v. Charles E. Pressley, et al.

On February 21, 2006, Entrada Company, LLC, filed suit (“first suit”)
to obtain a right of passage across three tracts of land in Ouachita Parish.
Entrada asserted that it had no access to a public road from its property.
Entrada filed motions for summary judgment in May and November
of 2007; these were denied in November of 2008. The trial court noted in a
footnote that i... More...
   $0 (12-05-2015 - LA)

Kakstys vs Stevens

This case presents a significant legal issue regarding the
effective date for the retroactive establishment of an initial
child support obligation in a divorce proceeding. Specifically,
the question is whether the court may retroactively set an
obligor’s child support obligation (a) only as of the filing date
of an actual child support motion (pendente lite or otherwise),... More...
   $0 (12-01-2015 - NJ)

Tania B. King v. Phoenix Residential Construction, LLC, Brad Boone, McGraw Davisson Stewart, LLC d/b/a McGraw Realtors, Sherri Sanders and Robert Curnutt

Tulsa, OK - Tania B. King sued Phoenix Residential Construction, LLC, Brad Boone, McGraw Davisson Stewart, LLC d/b/a McGraw Realtors, Sherri Sanders and Robert Curnutt on breach of contract, recission, fraud, negligence and other theories claiming:

For her claims against Defendants Phoenix Residential Construction, LLC (“Phoenix”) and Brad Boone (“Boone”), collectively (“Defendants”), Pla... More...
   $0 (11-30-2015 - OK)

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