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Arbitration Law
 
Joseph S. McGreal v. The Village of Orlando Park

On June 28, 2010, Joseph McGreal
was fired from his position as a police officer with the Orland
Park Police Department. Thereafter, he sued the Village
of Orland Park and three members of the police department—
Chief of Police Timothy McCarthy, Lieutenant Patrick
Duggan, and Lieutenant James Bianchi—claiming that the
defendants violated his First Amendment rights by firing... More...
   $0 (03-07-2017 - IL)

Byron Lewis v. Frito-Lay, Inc. and Greg Henault

Byron Lewis appeals the district court’s order granting summary judgment in
favor of Frito-Lay on his claim of race discrimination under 42 U.S.C. § 1981.
Exercising jurisdiction under 28 U.S.C. § 1291, we affirm.
I
Lewis is African-American. He worked as a packer at Frito-Lay’s
manufacturing plant in Topeka, Kansas, from 1991 until Frito-Lay terminated his
employment in 20... More...
   $0 (03-03-2017 - KS)

Warren West v. Thomas Hoover, et al.

Plaintiff Warren West appeals from the District Court's grant of summary judgment to the
defendants, certain officials of a Rhode Island town in their
official capacities and individual defendants associated with the
town. West contends that the termination of his employment with
the town violated his right to procedural due process under the
Fourteenth Amendment of the United ... More...
   $0 (03-03-2017 - RI)

Nemoria Coria v. Christopher Jide Ogidan and Moses Gbolabo

Appellant Nemoria Coria purchased a home from appellees Christopher Jide Ogidan and
Moses Gbolabo. She later sued appellees for breach of contract and DTPA violations. The trial
court entered a take-nothing judgment in favor of appellees. In four issues, appellant argues the
trial court erred by (1) entering a take nothing judgment when the undisputed evidence
established appellees... More...
   $0 (02-28-2017 - TX)

Ty Howerton v. Dr. Michael N. Wood and Cindy Wood

Appellant Ty Howerton appeals from the trial court’s final judgment that confirmed an arbitration award entered in favor of appellees Dr. Michael N. Wood and Cindy Wood (the Woods). We affirm the trial court’s judgment.
1See Tex. R. App. P. 47.4.
2
I. BACKGROUND
This appeal arises from a home renovation that went horribly wrong. In
2010, the Woods bought a home in Mansfield, Te... More...
   $0 (02-23-2017 - TX)

Amberwood Development, Inc. v. Swann's Grading, Inc.

¶1 Appellant Swann’s Grading, Inc. (“Swann’s”) challenges the
trial court’s judgment obligating it to indemnify Appellee Amberwood
Development, Inc. (“Amberwood”) for damages stemming from a series of
construction defect claims. Swann’s also challenges the trial court’s defense
costs and attorneys’ fees awards. We affirm for the reasons set forth below.
FACTS AND PROCEDURAL HIS... More...
   $0 (02-23-2017 - AZ)

Stephanie M. Dowell v. Oregon Mutual Insurance Company

Auto insurers in Oregon must provide personal
injury protection (PIP) benefits to their insureds for certain
automotive injury-related expenses, regardless of who is at
fault in an accident. ORS 742.520(1). The PIP medical benefits
at issue in this case “consist of the following payments for
the injury or death of each person” covered: “All reasonable
and necessary expenses... More...
   $0 (02-16-2017 - OR)

Cary Long v. Farmers Insurance Company of Oregon

ORS 742.061 requires an insurer to pay its insured’s
attorney fees if, in the insured’s action against the insurer,
the insured obtains a “recovery” that exceeds the amount
of any tender made by the insurer within six months from
the date that the insured first filed proof of a loss. In this
case, we decide that, when an insured files an action against
an insurer to recover... More...
   $0 (02-02-2017 - OR)

American Zurich Insurance Company v. Daniel Samudio

We deny rehearing, withdraw our previous opinion, vacate our previous judgment, and issue this opinion and judgment in their stead.
In this worker’s compensation suit, appellant, American Zurich Insurance Company, appeals a summary judgment that found in favor of appellee, Daniel
2
Samudio. In five issues on appeal, Zurich argues that (1) the trial court failed to
comply with the j... More...
   $0 (01-26-2017 - TX)

Stephen Faciszewski v. Michael R. Brown

This case concerns provisions of Seattle's "Just Cause
Eviction Ordinance," codified at Seattle Municipal Code 22.206.160(C). We must
determine whether the court in an unlawful detainer action can consider evidence
challenging just cause once the landlord files the certification allowed under Seattle
Municipal Code 22.206.160(C)(4).
The court commissioner presiding over the sho... More...
   $0 (12-22-2016 - WA)

SEECO, INC., DESOTO GATHERING COMPANY, LLC, AND SOUTHWESTERN MIDSTREAM SERVICES COMPANY APPELLANTS V. SARA STEWMON ET AL

This is a class-action case. Appellants SEECO, Inc., DeSoto Gathering Company, LLC,
and Southwestern Midstream Services Company (collectively SEECO), are subsidiaries of
Southwestern Energy Company. In this interlocutory appeal, SEECO challenges an order of
the St. Francis County Circuit Court granting class certification to a group of landowners who
entered into natural-gas leas... More...
   $0 (12-12-2016 - AR)

UNITED STATES OF AMERICA, UNITED STATES DEPARTMENT OF JUSTICE, ET AL. v. PHILIP MORRIS USA INC., FORMERLY KNOWN AS PHILIP MORRIS INCORPORATED, R.J. REYNOLDS TOBACCO COMPANY

In 1999, the United States sued RJR, Brown & Williamson Tobacco Corporation, and several other cigarette manufacturers under the Racketeer Influenced and Corrupt Organizations Act (RICO), 18 U.S.C. §§ 1961–68, alleging a conspiracy to deceive the American public about the dangers of cigarettes. The history of this case is described in our many prior decisions. See, e.g., United States v. Philip Mo... More...   $0 (12-04-2016 - DC)

Samantha Gillespie and Tina Taylor v. National Farmers Union Property & Casualty Company

Gillespie and Taylor sued Farmers Union for underinsured motor vehicle coverage, alleging Gillespie was insured under her mother's motor vehicle policy with Farmers Union and was driving a motor vehicle owned by another person when Gillespie lost control of the vehicle and it overturned, resulting in significant injuries to her. According to Gillespie and Taylor, the motor vehicle was owned by An... More...   $0 (10-10-2016 - ND)

DONALD HOCHBAUM, by and through JOANN HOCHBAUM v. PALM GARDEN OF WINTER HAVEN, LLC

Joann Hochbaum, on behalf of her deceased husband Donald Hochbaum, appeals an order granting a motion to compel arbitration filed by defendants Palm Garden of Winter Haven, LLC; Palm Garden Healthcare Holdings, LLC; Palm Garden Healthcare Management, LLC, Summit Care II, Inc.; Summit Care Consulting, Inc.; and Summit Care, Inc. (collectively referred to as the nursing home defendants). We conclud... More...   $0 (10-08-2016 - FL)

Ace Cash Express, Inc. v. Courtney Cox

Cox was employed by ACE as a “Center Manager.” As part of her “new-hire
paperwork,” Cox signed an arbitration agreement dated February 7, 2012.1 The agreement stated
in a footnote that “[t]his Arbitration Agreement is effective December 1, 2011, and it replaces or
modifies, as applicable, any previous dispute resolution agreements or arbitration agreements in
effect prior to De... More...
   $0 (10-02-2016 - TX)

RACHEL K. PLATT v. KANSAS STATE UNIVERSITY

At the outset, we acknowledge that when a district court has granted a motion to dismiss, "an appellate court must accept the facts alleged by the plaintiff as true, along with any inferences that can reasonably be drawn therefrom." Cohen v. Battaglia, 296 Kan. 542, 546, 293 P.3d 752 (2013). Accordingly, the following facts are those asserted by Platt in her district court petition.
Platt wa... More...
   $0 (09-23-2016 - KS)

Gretchen Carlson v. Roger Ailes

New York, NY - Gretchen Carlson Settles Sexual Harassment Claims Against Roger Ailes

Former Fox News anchor sued former Fox News Executive Roger Ailes on an employment discrimination theory under 42 U.S.C. 2000e claiming that he created a hostile work environment by sexually harassing her at Fox News claiming that she was repeatedly sexually harassed by him and demoted when she refused ... More...
   $20000000 (09-07-2016 - NY)

Federated Capital Corp. DBA Federated Financial Corp. of American

¶ 1 In 2005, Appellees signed credit card agreements with Federated Capital Corporation‘s predecessor-in-interest, Advanta Bank Corporation. The agreements included a forum selection clause and choice of law provision, ensuring that Utah procedural and substantive law would govern any dispute under the contract. The agreements required Appellees to render payment to the address specified on their ... More...   $0 (09-06-2016 - )

Rueli v. Baystate Health, Inc.

Plaintiffs are a putative class
of unionized nurses who sued their employer in state court for
unpaid wages and overtime pay for work performed outside their
approved shifts. Their employer removed the case to federal court,
citing the doctrine of complete preemption, under which claims
requiring interpretation of a collective bargaining agreement
("CBA") are reclass... More...
   $0 (08-23-2016 - MA)

Wyatt Krager v. David Stanley of Norman

Norman, OK - Wyatt Krager sued David Stanley of Norman on a fraud theory claiming that he was defrauded by the Defendant's employees' tortious and fraudulent conduct in the execution of a transaction for the purchase of a used motor vehicle. He claimed that on August 21, 2015, he visited the Defendant's dealership in Norman, Oklahoma and picked out a used 2013 Chevrolet Malibu and paid $5,000 in c... More...   $1 (08-11-2016 - OK)

Pondersosa Pine Energy, LLC, Nixon Peabody, LLP, and Shannon, Gracey, Ratliff & Miller, LLP v. Illinova Generating Company n/k/a Illinova Corporation

Illinova and other entities (the Sellers) sold their interests in a power plant to Enron North
America Corp. pursuant to a Purchase Agreement. Enron subsequently assigned its rights under
the Purchase Agreement to Ponderosa. Ponderosa borrowed over $200 million from eight banks
to finance the purchase.
When a dispute arose between Ponderosa and the Sellers, Ponderosa invoked... More...
   $0 (07-19-2016 - TX)

Alberta Graf v. State Farm Mutual Automobile Insurance Company

Alberta Graf was injured when the car she was driving was struck from
behind by an underinsured motorist. She claimed uninsured/underinsured motorist
(UM/UIM) coverage and medical payments coverage under two separate State
Farm Mutual Automobile Insurance Company policies. Graf and State Farm
agreed to arbitrate the amount of damages caused by the accident, but to leave to More...
   $0 (07-14-2016 - ME)

Gregory W. Smith and Stephanie Smith v. D.R. Horton, Inc., Tom's Vinyl Siding, LLC, Lutzen Construction, Inc., Boozer Lumber Company, All American Roofing, Inc., Myers Landscaping, Inc., Defendants

D.R. Horton is a corporation specializing in residential construction. In March 2005, the Smiths entered into a home purchase agreement (the Agreement) with D.R. Horton for the design and construction of a new home in Summerville, South Carolina. The Agreement is organized into numbered paragraphs and lettered subparagraphs, and sets forth the various responsibilities of the parties prior to and ... More...   $0 (07-09-2016 - SC)

RSL FUNDING, LLC v. CHEVEZE D. PIPPINS, DANIEL P. MORRIS, DONNA M. O'BRIEN, METROPOLITAN LIFE INSURANCE COMPANY, METLIFE INSURANCE COMPANY OF CONNECTICUT AND METLIFE INVESTORS USA INSURANCE CO.

The trial court and appellate decisions underlying this interlocutory appeal predate, but
implicate, our decision in Kennedy Hodges, L.L.P. v. Gobellan, 433 S.W.3d 542 (Tex. 2014). There
we said that “a party who litigate[s] one claim with an opponent d[oes] not substantially invoke the
litigation process for a related yet distinct claim against another party with whom it had an arbit... More...
   $0 (07-02-2016 - TX)

State of Missouri ex rel. Attorney General Chris Koster and the Missouri Petroleum Storage Tank Insurance Fund Board of Directors vs. ConocoPhillips Company and Phillips 66 Company, and Cory Wagoner

On April 23, 2013, the Board filed suit against Phillips alleging that Phillips
improperly obtained reimbursement from the Fund. Wagoner moved to intervene as a
matter of right and, with that motion, Wagoner tendered a motion to dismiss the Board’s
suit for the court’s consideration should intervention be granted. On November 13, 2014,
the trial court entered an interlocutory... More...
   $0 (06-28-2016 - MO)

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