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Arbitration Law
 
Michael J. Wilczewski v. Charter West National Bank, N.A.

Michael J. Wilczewski and Michelle A. Wilczewski filed a civil action for damages in the district court for Douglas County, alleging that Charter West National Bank (Charter West) misrepresented certain facts pertaining to a real estate transaction. Charter West filed a motion to compel arbitration, which the district court denied without prejudice. Charter West appeals from that order. Because we... More...   $0 (04-17-2015 - NE)

KNJ Enterprises, Inc. v. Wilbanks & Wilbanks, P.C. and H. Erwin Wilbanks and Fidelity National Title Insurance Company

The trial court signed an order compelling arbitration of all claims between
appellant KNJ Enterprises, Inc. and appellees Wilbanks & Wilbanks, P.C., H.
Erwin Wilbanks, and Fidelity National Title Insurance Company (collectively
“Wilbanks”). Wilbanks initiated arbitration in conformity with the trial court’s
order. KNJ received notice of the arbitration initiated by Wilbanks ... More...
   $0 (04-14-2015 - TX)

W. L. "Lee" Barr, et ux v Bonita "Nita" I. Young

W. L. "Lee" Barr and Susan C. Barr appeal the trial court's judgment on an arbitration award favoring their former tenant, Bonita "Nita" Young. The Barrs, who sued for unlawful detainer, mainly contend the court erred in referring Ms. Young's damages counterclaims to mandatory arbitration. Because premise possession issues had been resolved, the trial court did not abuse its discretion in effectiv... More...   $0 (04-14-2015 - WA)

Manuel Cruz v. Abel Chavez

Civil Rule 2A precludes enforcement of a settlement agreement
where there is a genuine dispute of material fact regarding the existence of the
agreement. Under principles of contract law, which govern settlement agreements,
mutual assent is an essential element for the formation, or existence, of a valid
agreement. Here, the plaintiffs demonstrated a question of material fact as to... More...
   $0 (04-13-2015 - WA)

Endura Advisory Group Ltd. v. Dominic Altomare, Josh Reneau

This is an accelerated, interlocutory appeal of the trial court’s order denying a motion to compel arbitration filed by appellant, Endura Advisory Group, Ltd. On appeal, Endura contends that appellee Dominic Altomare was required to arbitrate the claims he alleged against Josh Reneau in the underlying lawsuit. Endura intervened in the lawsuit and filed the motion to compel, asserting Altomare wa... More...   $0 (04-08-2015 - TX)

Brenda Nestor v. Tracy Posner Ward, Individually and as Guardian of Melody Lane Ward

Brenda Nestor appeals a final judgment holding her personally liable for
outstanding payments due to Tracy Posner Ward pursuant to a settlement
agreement. Nestor contends the final judgment improperly altered an arbitration
award that interpreted the agreement. We reverse in part and affirm in part.
FACTS AND PROCEDURAL HISTORY
Victor Posner died in 2002. His will made Nestor, ... More...
   $0 (04-08-2015 - FL)

JOHN KLEAS CO., INC. v. MICHAEL PROKOP, DAVID A. CARP AND HERZOG & CARP, P.C.

Appellant John Kleas Co., Inc. (“Kleas”) challenges the trial court’s summary
judgment and its award of attorney’s fees as sanctions in favor of appellees, Michael
Prokop, David A. Carp, and Herzog & Carp, P.C. By five issues, Kleas contends that: (1)
the trial court erred by denying its motion to continue a hearing on appellees’ summary
2
judgment motions; (2) Kleas ... More...
   $0 (04-02-2015 - TX)

Emily Gallup v. The Superior Court of Nevada County

Defendant Superior Court of Nevada County (SCNC) appeals a jury verdict in favor of plaintiff and former employee Emily Gallup. Gallup brought this action alleging, in part, that SCNC retaliated against her in violation of Labor Code section 1102.5, subdivision (b)1 for engaging in protected activity when she complained to her
1 Further statutory references to sections of an undesignated code ... More...
   $0 (03-30-2015 - CA)

Ellen Pao v. Kleiner Perkins Caufield & Byers

San Francisco, CA - Ellen Pao sued Kleiner Perkins on a civil rights violation theory claiming that she was discriminated against at work because of her gender and then retaliated against when she complained. She claimed that Kleiner Perkins discriminated against her because of her gender by failing to promote her and/or by terminating her employment. She claimed that Kleiner Perkins retaliated ag... More...   $0 (03-27-2015 - CA)

David Fiala, Ltd. v. Ian Harrison

William Gross appeals the order of the district court for Lancaster County which denied his motion to compel arbitration. The court concluded that the claims in this action were not subject to arbitration under the arbitration provision in the parties’ employment agreement. We conclude that the district court erred as a matter of law when it failed to determine that the arbitration provision was... More...   $0 (03-20-2015 - NE)

Martin O. Evans v. Craig C. Nielsen

¶1 Martin O. Evans appeals the district court’s confirmation of the final award of an arbitrator. Evans argues that we should reverse the district court’s confirmation and direct the district court to vacate the arbitrator’s award on the grounds that the arbitrator exceeded his authority and refused to hear relevant evidence. We affirm.
Evans v. Nielsen
20130770-CA 2 2015 UT App 65<... More...
   $0 (03-19-2015 - UT)

Arbor Windsor Court, LTD v. Weekley Homes, LP

Appellant, Arbor Windsor Court, Ltd. (Arbor), appeals the trial court’s judgment following a jury verdict. Specifically, in two main issues, Arbor contends the trial court erred in rendering a take-nothing judgment on its breach of contract claims against Weekley Homes, LP (Weekley). Weekley also asserts two conditional cross-points in support of the trial court’s judgment. We affirm.
I. B... More...
   $0 (03-17-2015 - TX)

Madeline Serafin v. Balco Properties, Ltd.

Madeline Serafin (Serafin) sued her former employer Balco Properties Ltd., LLC and related individuals and entities1 (collectively Balco) alleging claims arising from her employment, including wrongful termination, harassment, and defamation. The trial court granted Balco’s motion to stay the litigation until the completion of binding arbitration based upon an arbitration agreement Serafin signe... More...   $0 (03-16-2015 - CA)

William Telish v. California State Personal Board

Plaintiff and appellant William Telish (Telish) appeals a judgment denying his petition for writ of administrative mandate (Code Civ. Proc., § 1094.5)1 wherein he sought to set aside a decision by defendant and respondent California State Personnel Board (SPB or Board) upholding his dismissal from his position with the California Department of Justice (DOJ).
The essential issue presented is t... More...
   $0 (03-10-2015 - CA)

Peggy Cedillo v. Farmers Insurance Company of Idaho

This appeal arose from an arbitration decision regarding Peggy Cedillo’s underinsured motorist insurance policy with Farmers Insurance Company of Idaho (“Farmers”) and damages for injuries she suffered in a motorcycle accident. After the arbitrator issued his final award, Farmers provided the arbitrator evidence that Farmers had already paid Cedillo the total amount of remaining damages. The... More...   $0 (03-03-2015 - ID)

Acacia Patent Acquisition, LLC v. Chitranjan N. Reddy

Petitioners seek the disqualification of the law firm of AlvaradoSmith, which: (1) previously represented another law firm in an attorney fee dispute; and (2) in this case, represents an expert seeking consulting fees arising out of the same underlying litigation as the attorney fee dispute. We issued a stay order and order to show cause. We now conclude AlvaradoSmith’s wide-ranging access to pr... More...   $0 (02-27-2015 - CA)

Securitas Security Services v. Denise Edwards

Securitas Security Services USA, Inc. (Securitas) petitions for a writ of mandate and/or prohibition challenging the superior court's order granting its amended motion to compel arbitration in which the court ordered the parties to arbitrate all of real party in interest Denise Edwards's claims, including her class action and representative claims under the Private Attorneys General Act of 2004 (P... More...   $0 (02-27-2015 - CA)

Universal Protectyion Service, L.P. v. Floridalma Franco

Petitioner Universal Protection Service, L.P. (Universal) petitions for a writ of mandate and/or prohibition challenging the superior court's order granting real party in interest Floridalma Franco's demand to arbitrate her employment-related disputes with Universal and ruling the arbitrator would decide the arbitrability of Franco's class action claims. Universal contends the court legally erred ... More...   $0 (02-27-2015 - CA)

Edixon Franco v. Arakelian Enterprises, Inc.

Our Supreme Court has transferred this matter to us with directions to vacate our decision filed November 26, 2012 and to reconsider the cause in light of Iskanian v. CLS Transportation Los Angeles, LLC (2014) 59 Cal.4th 348 (Iskanian).1
Following the rule announced in Iskanian, we reverse and remand with directions the trial court’s order denying the petition of defendant Arakelian Enterpri... More...
   $0 (02-26-2015 - CA)

Comed Medical Systems, Co., Ltd. d/b/a GEMSS Medical and GEMSS North America Inc., f/k/a GEMSS USA Inc. v. AADCO Imaging, LLC and AADCO Medical Inc.

This is an interlocutory appeal of a temporary injunction ancillary to pending
arbitration proceedings. With the exception of one narrow feature of the order that must be
modified, we will affirm the order.
BACKGROUND
The appellants (collectively, “GEMSS”) are affiliated entities that manufacture
medical equipment. In May 2013, GEMSS executed a “Master Distribution Agreem... More...
   $0 (02-26-2015 - TX)

Ecom USA, Inc. and U.S. Cotton Growers Association v. David Lynn Clark and Ashley Lyn Clark, Patsy Marie Clark, Randy Craig Coleman and Sandra Jo Coleman, William Ronald Coleman and Jodi A. Coleman

This interlocutory appeal involves the district court’s refusal to compel David Lynn Clark, Ashley Lyn Clark, Patsy Marie Clark, Randy Craig Coleman, Sandra Jo Coleman, William Ronald Coleman and Jodi A. Coleman (collectively referred to as the Farmers) to submit their claims against ECOM USA, Inc. and U.S. Cotton Growers Association (USCGA) to arbitration. The Farmers had contracted to deliver ... More...   $0 (02-25-2015 - TX)

Villa de Leon Condominiums, LLC, Patten Sales and Marketing, LLC, and Bill Bridges, Jr. v. Michael Stewart and Carrie Stewart

This is an interlocutory appeal from an order denying a motion to compel arbitration. In five issues, appellants Villa De Leon Condominiums, LLC, Patten Sales and Marketing, LLC, and Bill Bridges, Jr. contend that the trial court erred
1See Tex. R. App. P. 47.4.
2
by denying their motion to compel arbitration and for a stay of all other trial court proceedings pending arbitration. We r... More...
   $0 (02-20-2015 - TX)

Michael Romney v. Franciscan Medical Group

Washington has a strong public policy favoring arbitration.
Because of that clear policy, an employer-employee arbitration agreement will be
upheld even if certain provisions of the agreement are substantively unconscionable so
long as those provisions are severable.
The arbitration agreement allows plaintiff-employees to seek damages claimed
as well as any attorney fees and co... More...
   $0 (02-17-2015 - WA)

United States of America v. Kenneth Carter

Nashville, TN - Kenneth Carter, 45, of Corona, Calif., was sentenced today by U.S. District Judge William J. Haynes, Jr., to serve 60 months in prison for his role in a scheme to defraud Nissan North America by filing false Lemon Law claims on behalf of individuals who owned Nissan vehicles, announced David Rivera, U.S. Attorney for the Middle District of Tennessee. Carter was also ordered to pay... More...   $0 (02-13-2015 - TN)

Robin Lull-Gumbusky v. Great Plains Communication a/k/a Great Plains Locating Services, Inc. n/k/a Promark Consolidated Utility Locators, Inc. a/k/a Iowa One Call, Employers Mutual Casualty and Commerce and Industry Insurance Company

In this appeal and cross-appeal we are to consider the district court’s affirmance of the ruling of the workers’ compensation commissioner concerning employee Robin Lull-Gumbusky (Robin). Robin claims (1) the district court erred by affirming the exclusion of the majority of her exhibits; and (2) the commissioner misapplied the review/reopening law, proximate cause laws, Iowa Code chapter 17A,... More...   $0 (02-11-2015 - IA)

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