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Arbitration Law
 
Michael Barrett v. Salt Lake County and Linda Hamilton

The trouble began when Michael Barrett, a Salt Lake County employee, helped a colleague pursue a sexual harassment complaint against her boss. The complaint was entirely warranted but some in management apparently didn’t like the publicity. According to Mr. Barrett, his superiors thought him a noisy troublemaker and began a campaign to have him discharged or demoted. After he was demoted Mr. Bar... More...   $0 (06-13-2014 - UT)

Marissa Rea v. Blue Shield of California

In 1999, the Legislature enacted the California Mental Health Parity Act (Health & Saf. Code, § 1374.72)1 (Parity Act) to address the imbalance between medical coverage for physical illnesses and mental illnesses. The Parity Act mandated that every health care service plan contract “provide coverage for the diagnosis and medically necessary treatment of severe mental illnesses . . . under the s... More...   $0 (06-10-2014 - CA)

Vista Quality Markets v. Jorge Lizalde

Vista Quality Markets (“Vista”) appeals the trial court’s order denying its motion to compel arbitration. We reverse and remand to the trial court with instructions to enter an order compelling arbitration.

FACTUAL AND PROCEDURAL BACKGROUND

Vista is engaged in the business of operating grocery stores in El Paso, Texas, and is a non-subscriber to workers’ compensation. In Febr... More...
   $0 (06-08-2014 - )

JJJJ Walker, LLC; Dynafab USA, LLC; Renaissance Properties of Texas, LLC; Priya Properties, LLC; BD Texas, LLC; and KW Hospital Acquisition, LLC v. Eric Yollick

In this fraud case, the plaintiffs prevailed in their claims against a bank, the bank’s corporate agent, and the bank’s attorney, but the trial court granted judgment notwithstanding the verdict on the claim against the bank’s attorney on the ground that no evidence supported the liability finding. In arguments that we treat as cross-points, the attorney argues that the economic-loss rule an... More...   $0 (06-05-2014 - TX)

Victor S. Elgohary v. Herrera Partners, L.P.

In this appeal from the denial of a post-judgment turnover order, we consider whether (1) the trial court’s order is final and appealable, and (2) the trial court

2

erred in denying appellant’s request that certain property be turned over to a receiver appointed to collect a judgment on his behalf. We affirm.

BACKGROUND

The Underlying Suit

In 2006, Elgohary a... More...
   $0 (06-05-2014 - TX)

Juan Mendez, Jr., guardian of Juan Mendez, Sr. v. Hampton Court Nursing Center, LLC

Juan Mendez, Jr. (“the son”) appeals a trial court order compelling arbitration of a claim he filed on behalf of Juan Mendez, Sr. (“the father”) against Hampton Court Nursing Center, LLC (“the facility”), for alleged negligence in the care of the father while he resided at the facility. Because the father was the intended third-party beneficiary of the contract that contained the arbit... More...   $0 (06-04-2014 - FL)

Mary Rose Wilcox v. Joseph M> Arpaio

We are asked to decide whether federal or state privilege law governs the admissibility of evidence of an alleged settlement reached during mediation of federal and state law claims. We conclude that federal privilege law governs, but that the County waived any available privilege; therefore, we affirm the district court’s enforcement of the settlement agreement reached in mediation.

I.More...
   $0 (06-03-2014 - AZ)

Sabrina Laguna v. Coverall North America, Inc.

This case asks us to decide whether a settlement agreement reached before class certification between Plaintiffs and Defendants is fair, reasonable, and adequate. We agree with the district court that the settlement merits approval, and we affirm.

I

Coverall North America, Inc. (“Coverall”) is a janitorial franchising company operating in California. Plaintiffs brought a class ac... More...
   $0 (06-03-2014 - CA)

Kent Eubanks v. Pella Corporation

The class action is an ingenious procedural innovation that enables persons who have suf-fered a wrongful injury, but are too numerous for joinder of their claims alleging the same wrong committed by the same defendant or defendants to be feasible, to obtain relief as a group, a class as it is called. The device is especially im-portant when each claim is too small to justify the expense of a sepa... More...   $0 (06-02-2014 - IL)

Syers Properties III, Inc. v. Ann Rankin

Plaintiff Syers Properties III, Inc. challenges the trial court’s award of attorney fees in its unsuccessful legal malpractice action against defendant attorneys Ann Rankin and Terry Wilkens and the Law Offices of Ann Rankin. In a separate opinion, we have affirmed the judgment in that action. (Syers Properties III, Inc. v. Rankin, (May 5, 2014, A136018) [nonpub. opn.].) The trial court awarded ... More...   $0 (05-27-2014 - CA)

Michigan v. Bay Mills Indian Community

The State of Michigan, petitioner, entered into a compact with respondent Bay Mills Indian Community pursuant to the Indian Gaming Regulatory Act (IGRA). See 25 U. S. C. §2710(d)(1)(C). The compact authorizes Bay Mills to conduct class III gaming activities (i.e., to operate a casino) on Indian lands located within the State’s borders, but prohibits it from doing so outside that territory. Bay ... More...   $0 (05-27-2014 - DC)

PAK Foods Houston, LLC v. Marissa Garcia, Individually and as Next Friend of S.L.,, a Minor

PAK Foods Houston, LLC brings this interlocutory appeal from the trial court’s order denying its motion to compel arbitration pursuant to the Federal Arbitration Act (FAA). See Tex. Civ. Prac. & Rem. Code § 51.016 (providing that matters subject to the FAA may be appealed under the same circumstances that an appeal from a federal court order is permitted by 9 U.S.C. § 16). PAK Foods argues the... More...   $0 (05-22-2014 - TX)

Temporary Alternatives, Inc. d/b/a dmDickason Personnel Services of El Paso v. Misti K. Jamrowski

Appellant Temporary Alternatives, Inc., d/b/a dmDickason Personnel Services of El Paso (“dmDickason” or “Appellant”), seeks interlocutory review of the trial court’s denial of its motion to stay proceedings and compel arbitration against a former employee who filed suit in district court. In two issues, Appellant contends that an arbitration agreement it entered into with Appellee Misti ... More...   $0 (05-21-2014 - TX)

Kenny Schuette v. Cory Coltharp and Tamie Coltharp

This is an interlocutory appeal, brought pursuant to the provisions of the Texas Civil Practice and Remedies Code, from the denial of a Plea in Abatement. See TEX. CIV. PRAC. & REM. CODE ANN. § 171.098 (West 2011). In the underlying lawsuit the Appellees, Cory Coltharp and Tamie Coltharp, sued Appellant, Kenny Schuette, for breach of a written contract. Appellant sought the dismissal of that laws... More...   $0 (05-21-2014 - TX)

SEan Gloster v. Sonic Automotive, Inc.

Plaintiff Sean Gloster filed an employment-related lawsuit against his former employer, defendant Melody Toyota (Melody), Melody’s parent corporation, other employees, and a third party. Although Melody and its related defendants warned Gloster prior to his filing of the lawsuit they would insist on arbitration under his employment agreement, the defendants waited until a year after the complain... More...   $0 (05-21-2014 - CA)

Roger Brecheen, M.D. v. Maura Lofaro, M.D.

Plaintiffs Roger Brecheen, M.D., his wife, Kathy Watkins-Brecheen, and Jackson
Hole Ob-Gyn, P.C., a professional corporation formed by Brecheen, filed this action
asserting a host of federal and state claims arising out of Brecheen’s eviction from an
office building in Jackson, Wyoming. Among those were two claims asserted under 42
U.S.C. § 1983, one for deprivation of Brecheenâ... More...
   $0 (05-21-2014 - WY)

Oklahoma Oncology & Hematology, P.C., d/b/a Cancer Care Associates v. US Oncology, Inc. and AOR Management Company of Oklahoma, LLC

Oklahoma Oncology & Hematology, P.C., d/b/a Cancer Care Associates v. US Oncology, Inc. and AOR Management Company of Oklahoma, LLC

Issue # 1.
Issue: DECLARATORY JUDGMENT (DECLARE)
Filed by: OKLAHOMA ONCOLOGY & HEMATOLOGY PC
Filed Date: 03/04/2005
Party Name: Disposition Information:

Defendant: AOR MANAGEMENT COMPANY OF OKLAHOMA LLC
Disposed: DISMISSED ... More...
   $0 (05-19-2014 - OK)

Francine I. Katz v. Anheuser-Busch

Francise Katz sued Anheuser-Busch on am employment discrimination theory claiming that she did not receive equal pay for equal work while employed by the Defendant company as a staff attorney from 1998 until 2009.

St. Louis City Circuit Court docket entries for this case:

05/16/2014 Trial Minutes Filed
Cause called again. Parties and jury appear again. Jury trial resum... More...
   $0 (05-16-2014 - MO)

Lourdes Tiri v. Lucky Chances, Inc.

Several years after she was hired, Lourdes Tiri signed an agreement with her employer, Lucky Chances, Inc., requiring disputes between them to be resolved by arbitration. In one of the provisions, the parties agreed to delegate questions about the enforceability of the agreement to the arbitrator, instead of a court. Tiri was subsequently fired, and she filed a complaint in superior court for wron... More...   $0 (05-15-2014 - CA)

Tuscan Builders, LP v. 1437 SH6 L.L.C. d/b/a Sweetwater Aesthetic Spa & Wellness Center, Shelena C. Lalji, M.D., P.A. d/b/a Dr. Shel Wellness & Medical Spa and Lalji Dental, P.C. d/b/a Lake Pointe Dental and Specialty

In this construction dispute, a builder appeals the trial court’s order denying its motion to compel arbitration against the building’s owners. The builder contends that the trial court erred in finding that the builder had waived enforcement of an arbitration clause by invoking the judicial process and delaying its effort to compel arbitration for more than a year. Finding no error, we affirm... More...   $0 (05-15-2014 - TX)

Renee Brewer v. City of Seminole

¶1 The United States Court of District Court for the Eastern District of Oklahoma certified the following questions to this Court under the Revised Uniform Certification of Questions of Law Act, 20 O.S.2011, §§ 1601-1611.

1. Whether a probationary police officer in a municipality that has entered into a Collective Bargaining Agreement ("CBA") with a recognized bargaining agent un... More...
   $0 (05-13-2014 - OK)

Esteban H. Carmona v. Lincoln Millennium Car Wash, Inc.

Defendant car wash companies Lincoln Millennium Car Wash, Inc. (doing business as Millennium Car Wash), and Silver Wash, Inc. (doing business as Santa Monica Car Wash and Detailing), appeal from the trial court’s order denying their petition to compel arbitration. Plaintiffs Esteban H. Carmona, Marcial H. Carmona, Pedro Cruz, and Yoel Isail Matute Casco are or were employed by the car wash compa... More...   $0 (05-09-2014 - CA)

Paragon Industrial Applications, Inc., and RLI Insurance Company v. Stan Excavating, LLC

In Bowie County, Texas, Stan Excavating, LLC, sued Paragon Industrial Applications, Inc., and its bonding company, RLI Insurance Company,1 alleging that Paragon failed to pay Stan Excavating for the work it had performed as Paragon’s subcontractor on a road construction project in Nash, Texas. Paragon filed a motion to compel arbitration,2 arguing that Stan Excavating’s claims fell within the ... More...   $0 (05-06-2014 - )

Armand Santoro v. Accenture Federal Services, LLC

Dr. Armand Santoro appeals the district court’s order granting the motion by Accenture Federal Services, LLC (Accenture) to compel arbitration. Because we agree with the district court that the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 (Dodd-Frank) does not invalidate the arbitration agreement between Accenture and Santoro, we affirm.

I.

Santoro began hi... More...
   $0 (05-05-2014 - VA)

Nerium International, LLC v. Sunny Kum Sun and Rium, LLC

Appellant Nerium International, LLC appeals the trial court’s order granting appellees’ Sunny Kum Sun and Rium, LLC’s special appearance. In three issues, Nerium contends the trial court erred in concluding it lacked jurisdiction over appellees because (1) appellees entered into a contract with a Texas resident that was performable in whole or in part in Texas, (2) the contract contained a f... More...   $0 (05-02-2014 - TX)

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