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Arbitration Law
Kahn v. The Dewey Group

Kahn filed the present action on February 3, 2011, and filed the operative second amended complaint on August 15, 2011. The second amended complaint alleged that from 1996 to 2011, Kahn was a resident of a mobile home park located in San Fernando, California. Sometime prior to 1996, defendants and their predecessors-in-interest had used the land on which the mobile home park sat as an industrial... More...   $0 (09-09-2015 - CA)

Matter of TBA Global, LLC v Fidus Partners, LLC

Petitioner acquired a failing business pursuant to an asset purchase agreement that specifically excludes from the assets and liabilities being transferred to the buyer any "brokerage or finders' fees . . . or other similar payments" owed by the seller. The asset purchase agreement further specifically provides that the seller and the buyer will each bear its own "Transaction Costs," which are def... More...   $0 (09-08-2015 - NY)

Michels Corporation v. Central States, Southeast, and Southwest Areas Pension Fund

This case raises a familiar problem for pension funds: when did an employer’s obligation to contribute to the fund end? That question turns on when the governing collective bargaining agreement (CBA) between a
multi-employer group and a union terminated and how one should characterize a series of temporary “extensions” of the CBA. Several common issues are not before us: we are not concerned ... More...
   $0 (09-06-2015 - Il)

Kale Flagg v. Denise Elliot, et al

In this case, which was removed from state court, Kale Flagg (“Flagg”) appeals the dismissal of his complaint against Stryker Corporation (“Stryker”) and Memometal Incorporated (“Memometal”) (collectively, the “Manufacturing Defendants”), and five fictitious insurance companies.1 We conclude that the 1 Although the fictitious insurance companies remain pa... More...   $0 (09-05-2015 - LA)

Daniel Rodriguez v. Sony Computer Entertainment of America, LLC

Appellant Daniel Rodriguez (Rodriguez) challenges the
district court’s dismissal of his second amended complaint
alleging that Appellees Sony Computer Entertainment
America LLC (Sony Computer) and Sony Network
Entertainment (Sony Network) International LLC
(collectively Sony) violated the Video Privacy Protection Act
(the Act) by retaining Rodriguez’s personally identifiabl... More...
   $0 (09-04-2015 - CA)

Kale Flagg v. Stryker Corporation

In this case, which was removed from state court, Kale Flagg (“Flagg”) appeals the dismissal of his complaint against Stryker Corporation (“Stryker”) and Memometal Incorporated (“Memometal”) (collectively, the “Manufacturing Defendants”), and five fictitious insurance companies.1 We conclude that the
1 Although the fictitious insurance companies remain parties in this case, there is no indicat... More...
   $0 (09-04-2015 - LA)

Juan E. Cortes v. MTA New York Transit

8 Juan E. Cortes appeals from Judge Vitaliano’s grant of
9 summary judgment to MTA New York City Transit (“MTA”), dismissing
10 appellant’s claims under the Americans with Disabilities Act
11 (“ADA”), 42 U.S.C. §§ 12112-12117. Before bringing the present
12 action, appellant filed a substantially similar disability
13 discrimination claim with the New York State Division of Hum... More...
   $0 (09-04-2015 - NY)

Specialty Select Care Center of San Antonio LLC d/b/a Casa Rio Healthcare and Rehabilitation v. Jose Flores, as next friend of Julie Flores

This is an appeal of a trial court’s order denying a motion to compel arbitration filed by Specialty Select Care Center of San Antonio, LLC d/b/a Casa Rio Healthcare and Rehabilitation. After the parties’ briefs were filed, this court abated this appeal pending the Texas Supreme Court’s decisions in three appeals from this court. See Williamsburg Care Co. L.P. v. Acosta, 406 S.W.3d 711 (Tex. App.—... More...   $0 (09-02-2015 - TX)

In the Interest of C.C., M.C., L.O., and H.P., Children

Haley P. and Nick C. appeal from a final order terminating their parental rights to their four children. They assert three issues to justify reversal of the decree. The first two involve the admission of an investigative report while the third concerns the trial court’s decision to receive the testimony of a previously undesignated expert witness. We affirm the order of termination.
Admission ... More...
   $0 (09-01-2015 - TX)

Skylar Gunn, William Harris, Candace Jowers v. NPC International, Inc.

Defendant NPC International, a Kansas corporation, operates Pizza Hut Restaurants in
numerous states across the country. In January 2013, five separate actions were commenced
against NPC in the Western District of Tennessee. All five were assigned to the same judge.
The plaintiffs in all five cases are represented by the same counsel. Each of the actions asserts
claims unde... More...
   $0 (08-30-2015 - TN)

Peggy A. Pendell v. City of Peoria

After Peggy Pendell failed to appear for two
depositions in her civil-rights suit for unlawful search and
seizure under 42 U.S.C. § 1983, the district court dismissed
her case as a sanction. Because the district court gave her ad-
2 No. 14-2158
equate warnings and did not abuse its discretion in imposing
the sanction, we affirm.
According to Pendell’s complaint, in Nove... More...
   $0 (08-26-2015 - IL)

Intl Energy Ventures Mgmt, LLC v. United Energy Gr

IEVM filed the instant action against UEG and Mueller in Texas state court. UEG removed the action to federal court, and the original state court petition was never amended. The facts, recited almost verbatim from the complaint, are as follows. In July 2010, British Petroleum (“BP”) announced that it wished to sell its Pakistani subsidiaries that owned oil and gas fields in Pakistan (“BP Pakist... More...   $0 (08-23-2015 - TX)


In December 2007, the Tribune Company (which published the Chicago Tribune and the Los Angeles Times and held many other properties) was facing a challenging business climate. Sensing an opportunity, Sam Zell, a wealthy real estate investor, orchestrated a leveraged buy-out (“LBO”), a transaction by which a purchaser (in this case, an entity controlled by Zell and, for convenience, referred to by... More...   $0 (08-23-2015 - PA)

Judicial Council v. Jacobs Facilities

JCC is the administrative agency of California’s judicial branch. In 2005, JCC issued a request for proposals (RFP) for the provision of maintenance and repair services to courthouses and other judicial branch buildings throughout Southern California. The successful respondent was Facilities, a wholly owned subsidiary of Jacobs, which is a publicly traded corporation.
JCC and Facilities e... More...
   $0 (08-21-2015 - CA)

Needelman v. Dewolf Realty Co

Needelman entered into a one-year lease beginning on April 1, 2008, with the management company of DeWolf for an apartment on Greenwich Street in San Francisco (Greenwich apartment). DeWolf is an agent of M&H, the owner of the apartment building. After the lease expired on March 31, 2009, Needelman remained as a month-to-month tenant.
On December 22, 2011, DeWolf served Needleman with a t... More...
   $0 (08-19-2015 - CA)

Carlson v. Home Team Pest Defense, Inc.

In January 2014, Carlson filed a complaint against Home in which she alleged that she was employed as the office manager at Home’s Antioch office from February 4, 2013, until her wrongful termination on July 1, 2013. Carlson sought damages and attorney fees for wrongful termination, harassment, breach of her employment agreement, a wage claim for unpaid overtime (Lab. Code, §§ 510, 515), a claim ... More...   $0 (08-18-2015 - CA)

Carey M. Brennan v. Opus Bank

Brennan appeals from the district court’s order dismissing
his action in favor of arbitration. Opus Bank cross appeals
from the district court’s implicit denial of its motion to seal
Brennan’s complaint, and the district court’s denial of its
motion for reconsideration as moot. We have jurisdiction of
both appeals pursuant to 28 U.S.C. § 1291. We affirm the
district court’s... More...
   $0 (08-11-2015 - WA)

Hartford Casualty Ins. Co. v. J.R. Marketing, L.L.C.

In the summer of 2005, appellant Hartford Casualty Insurance Company (Hartford) issued one CGL insurance policy to Noble Locks Enterprises, Inc. (Noble Locks), effective from July 28, 2005, to July 28, 2006, and a second CGL policy to J.R. Marketing, L.L.C. (J.R. Marketing), effective August 18, 2005, to August 18, 2006. In these policies, Hartford promised to defend and indemnify the named insur... More...   $0 (08-10-2015 - CA)

Devon Robotics, LLC v. Gaspar Deviendma; McKessen Corporation

Appellee Devon Robotics, LLC (“Devon”) acquired the rights to distribute two robotic medical devices, CytoCare and i.v. Station, from an Italian corporation, Health Robotics, S.r.l. (“Health Robotics”). Appellant Gaspar DeViedma (“DeViedma”), the general counsel for Health Robotics, negotiated the distribution contracts for both CytoCare and i.v. Station. Each contract contained an identical arb... More...   $0 (08-08-2015 - PA)

Bancinsure, Inc. v. Federal Deposit Insurance Corporation

This case presents the question whether claims by the FDIC as receiver
(FDIC-R) of Columbian Bank & Trust (Columbian) against three ex-directors of
Columbian are covered under a Directors and Officers Liability Insurance Policy
(the policy). Defendant-Appellants Carl McCaffree, Jimmy D. Helvey, and Sam
McCaffree (director-defendants) and the Federal Deposit Insurance CorporationMore...
   $0 (08-06-2015 - KS)

Sanchez v. Valencia Holding Co.

The automobile sales contract in the present case has an arbitration agreement that provides, among other things, that arbitral awards of $0 or over $100,000 as well as grants but not denials of injunctive relief may be appealed to a panel of arbitrators. The arbitration agreement also has provisions that require the party appealing the award to front the costs of the appeal, preserve the right o... More...   $0 (08-03-2015 - CA)

Henry S. Miller Brokerage, LLC v. Ruth Mae Sanders

Henry S. Miller Brokerage, LLC appeals the trial court’s order vacating an arbitration award. In four issues, Henry S. Miller generally contends the trial court erred in vacating the award and in denying its motion to confirm the award. For the following reasons, we reverse the trial court’s order and render judgment confirming the award.
After Henry S. Miller filed suit against Ruth Mae Sande... More...
   $0 (07-31-2015 - TX)

Marriage of Olson

On October 12, 2011, Christopher filed a petition for dissolution of marriage to obtain a divorce from Heather, his wife of nine years. Heather did not file a response, and on February 19, 2013, the court granted the divorce in a default judgment. Heather was present in court as a witness. The court granted a judgment of dissolution of the marriage and granted the parties joint legal custody of... More...   $0 (07-31-2015 - CA)

Landmark American Insurance Company v. VO Remarketing Corp.

Denver, CO - Tenth Circuit holds that insurance company had no duty to defend of indemnify its insured

Plaintiff-Appellee Landmark American Insurance Company brought this
declaratory judgment action seeking a determination that it had no duty to defend
or indemnify its insured, Defendant-Appellant VO Remarketing Corp (VO), in a
lawsuit brought in Colorado state court. The dist... More...
   $0 (07-30-2015 - CO)

Regional School Unit No. 5 v. The Coastal Education Association

The essential facts are not in dispute. In 2009, three Maine school
districts—Freeport, Pownal, and Durham—merged to form RSU No. 5. In
May 2012, the Association and the Board of Directors of RSU No. 5 (the Board)
executed a collective bargaining agreement that would take effect for the
2012-2013 academic year. Before the agreement was negotiated, Freeport
teachers, unl... More...
   $0 (07-30-2015 - )

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