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Arbitration Law
 
In the Matter of the Marriage of Carolyn Clark Kennedy and Donald Ray Clark Sr. and Donald Ray Clark Jr.

This appeal is brought by appellants Donald Ray Clark, Sr., and his son, Donald
Ray Clark, Jr., complaining of a judgment entered in favor of appellee Carolyn Clark
Kennedy. We affirm in part and reverse and remand in part.
2
FACTUAL AND PROCEDURAL BACKGROUND
Donald Sr. had four children, including Donald Jr., and they resided at 2511 7th
Street, Galena Park, Texas. In May ... More...
   $0 (07-06-2017 - )

Vladlena Funk v. Belneftekhim, a/k/a Concern Belneftekhim, Belneftekhim, U.S.C., Inc.

In this action, originally filed in New York State court, plaintiffs Emanuel
Zeltser and Vladlena Funk sue defendants Concern Belneftekhim (“BNTK”) and
Belneftekhim USA, Inc. (“BUSA”) for their alleged roles in plaintiffs’ 2008
abduction from London and their prolonged detention in Belarus by authorities
3
of that country. After defendants removed the case to the United States ... More...
   $0 (06-29-2017 - NY)

Jefferson County, Texas v. Victor Stines Jefferson County Courthouse - Beaumont, Texas

Appellant Jefferson County, Texas appeals from two orders of the trial court
denying its plea to the jurisdiction and granting appellee Victor Stines’s request for
a declaratory judgment and writ of mandamus to compel the County to submit to
arbitration. In five issues, the County argues that: (1) Stines failed to plead and prove
a valid waiver of the County’s immunity from suit; (... More...
   $0 (06-23-2017 - TX)

Jana Wilkins, D.O. v. Ryan Vaclaw Washington County Courthouse - Bartlesville, Oklahoma

Bartlesville, OK - Jana Wilkins, D.O. v. Ryan Vaclaw

1. DECLARATORY JUDGMENT

Docket
Date Code Description Count Party Amount
03-24-2016

FILE AND ENTER PETITION (GP)

Document Available at Court Clerk's Office
$ 163.00


OKLAHOMA COURT INFORMATION SYSTEM FEE - EFFECTIVE 07/01/04
$ 25.00
(Entry with fee only) ... More...
   $0 (06-22-2017 - OK)

Melvin Watkins v. Rolling Frito-Lay Sales, LP, Frito Lay, Inc. and Pepsico, Inc.

Melvin Watkins appeals from a take-nothing judgment following a directed verdict on his wrongful termination claim against Rolling Frito-Lay Sales, LP, Frito Lay, Inc., (collectively Frito-Lay) and PepsiCo, Inc. Watkins sued appellees under the narrow exception to the employment-at-will doctrine recognized in Sabine Pilot Service, Inc. v. Hauck, 687 S.W.2d 733 (Tex. 1985). In three issues, Watkins... More...   $0 (06-21-2017 - TX)

Carmen Zubillaga v. Allstate Indemnity Company

In this first party insurance bad faith action, the question is whether the
court properly granted summary judgment for the insurer, based on the “genuine dispute”
doctrine. (See Wilson v. 21st Century Ins. Co. (2007) 42 Cal.4th 713, 723 (Wilson).)
Plaintiff Carmen Zubillaga was injured in an automobile accident. The
other driver was at fault. Her insurer, defendant Allstate Indemn... More...
   $0 (06-20-2017 - CA)

David Elliott v. Google, Inc.

Between February 29, 2012, and March 10, 2012, Chris Gillespie used a domain name registrar to acquire 763 domain names that included the word “google.” Each of these domain names paired the word “google” with some other term identifying a specific brand, person, or product—for example, “googledisney.com,” “googlebarackobama. net,” and “googlenewtvs.com.”
4 ELLIOTT V. GOOGLE
Google, Inc. (... More...
   $0 (06-19-2017 - AZ)

Robin Hutchheson v. Eskaton Fountainwood Lodge

This case turns on whether an attorney-in-fact who admitted her principal to a
residential care facility for the elderly made a “health care” decision. If she did, as the
trial court found, she acted outside the scope of her authority under the power of attorney,
and the admission agreement she signed, and its arbitration clause this appeal seeks to
enforce, are void.
To answer... More...
   $0 (06-15-2017 - CA)

Theodore Laymon v. J. Rockcliff, Inc. and George Hernandez v. Mason-McDuffie Real Estate, Inc.

The plaintiffs in these consolidated appeals filed suit against the brokers who
represented them in the sale of their homes and a group of companies that provided
services in connection with those sales. Plaintiffs contend defendants violated their
fiduciary duties by failing to disclose alleged kickbacks paid by the service providers to
the brokers in connection with the sales.More...
   $0 (06-10-2017 - CA)

Camil Kreit, M.D. and Samir Kreit, M.D. v. Brewer & Pritchard, P.C.

Brothers Camil and Samir Kreit appeal the trial court’s final judgment confirming an arbitration award in favor of Brewer & Pritchard, P.C. for fees due under a contract for legal services. Camil and Samir argue the trial court erred in confirming, rather than vacating, the award because they did not agree to arbitrate disputes with Brewer & Pritchard, P.C. in their individual capacities. For the ... More...   $0 (06-08-2017 - TX)

ConocoPhillips Company v. Leon Oscar Ramirez, Jr., Individually, and Jesus M. Dominguez, as Guardian for Minerva Clementina Ramirez, an incapacitated person, Individually

ConocoPhillips Company and Rodolfo C. Ramirez, Individually and as Independent Administrator of the Estate of Ileana Ramirez, and El Milagro Minerals, Ltd. appeal the trial court’s judgment declaring that appellees Leon Oscar Ramirez, Jr., individually, and Jesus M. Dominguez, as Guardian of the Estate of Minerva Clementina Ramirez, an Incapacitated Person, each own a 1/12 mineral interest in the ... More...   $0 (06-08-2017 - TX)

Macadam Bay Homeowners Association v. David Soyster, Joy Soyster and James Idle

Defendants David Soyster, Joy Soyster, and James
Idle appeal from a general judgment granting declaratory
relief to plaintiff Macadam Bay Homeowners Association
(Macadam Bay). On appeal, defendants assign error to the
trial court’s grant of Macadam Bay’s motion for summary
judgment. Defendants contend that the trial court incorrectly
concluded, as a matter of law, that defe... More...
   $0 (06-01-2017 - OR)

Johnny R. Johnson v. O'Malley Brothers Corporation

In this wage-claim case, defendant appeals the
trial court’s award of attorney fees under ORS 652.200(2)
and ORS 652.615. Plaintiff was a commercial truck driver
who sued defendant, his former employer, for failing to pay
wages that it owed plaintiff, and for withholding a small
sum from his paycheck, albeit with his consent. The trial
court transferred plaintiff’s case to ... More...
   $0 (06-01-2017 - OR)

Xpress Natural Gas, LLC v. Woodland Pulp, LLC

[¶1] Xpress Natural Gas, LLC, and XNG Maine, LLC, (Xpress) appeal
from a judgment entered in the Business and Consumer Docket (Cumberland
County, Murphy, J.) denying their application to vacate several arbitration
awards pursuant to 14 M.R.S. § 5938(1)(C) (2016) and granting the
application of Woodland Pulp, LLC, to confirm the same awards pursuant to
14 M.R.S. § 5937 (2016). W... More...
   $0 (05-31-2017 - ME)

Michele Audette v. Town of Plymouth, MA Federal Courthouse - Boston, Massachusetts

Appellant Michelle Audette, a
police patrol officer1 in Plymouth, Massachusetts, appeals from
the entry of summary judgment for the Town of Plymouth ("Town"),
the Plymouth Police Department ("Department"), and a number of the
Town's and the Department's employees. Audette claims that she
suffered discrimination in violation of the Americans with
Disabilities Act ("ADA"), 42... More...
   $0 (05-31-2017 - MA)

Chango Coffee, Inc. v. Applied Underwriters, Inc.

Defendant Applied Underwriters, Inc. (Applied) purports to
appeal from the trial court’s order denying its renewed petition to
compel arbitration filed pursuant to Code of Civil Procedure
section 1008, subdivision (b).1 Because an order denying a
renewed motion or application under section 1008, subdivision (b)
is not appealable (see Tate v. Wilburn (2010) 184 Cal.App.4th
1... More...
   $0 (05-27-2017 - CA)

Tonya Davis v. Ernest B. Fenton, et al.

In 2013 Tonya Davis sued Ernest Fenton (as well as Fenton’s law firms) in federal district court asserting state malpractice and breach of contract claims, as well as federal Fair Housing Act and Civil Rights Act claims, all arising out of Fenton’s representation of Davis in a mortgage foreclosure action in which Davis had lost her home. Davis alleged that Fenton’s representation of her had
2 ... More...
   $0 (05-26-2017 - IL)

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 - )

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