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Arbitration Law
 
Walker v. McGuire

In October 2012, plaintiff, Reuben D. Walker, filed a putative class action complaint against defendant, Pamela J. McGuire, clerk of the circuit court of Will County, challenging, inter alia, the constitutionality of section 15-1504.1 of the Code. At the time the complaint was filed, section 15-1504.1 provided, in relevant part, as follows: “Filing fee for Foreclosure Prevention Program Fund. (a)... More...   $0 (10-31-2015 - IL)

Jerome Cha v. 357 Incorporated d/b/a Reco Enterprises ADBA Reco Construction Co., et al.

Tulsa, OK - Jerome Cha sued 357 Incorporated d/b/a Reco Enterprises ADBA Reco Construction Co.,Phillips Slaughter Rose, Inc., Paul M. Rose, Danny R. Mitchell Architect, P.C., Danny R. Mitchell, Tulsa Tie Scaping, Inc.,Belongia Consultants, Inc., David L. Belongia, Chandler Materials Company, Bill Martin, Bebee Engineering and Ron Bebee on breach of contract, professional negligence, breach of impl... More...   $0 (10-29-2015 - OK)

Creative Artists Agency, LLC, Twisted Roads Touring, LLC, 4FINI, Inc., Brett Saliba, Sarah Siquieros F/K/A Sarah Baer, and Kevin Lyman v. Las Palmas Race Park, LLC Las Palmas Downs, Inc. and Front Porch Entertainment

Appellants, Creative Artists Agency, LLC, Twisted Roads Touring, LLC, 4FINI, Inc., Brett Saliba, Sarah Baer, and Kevin Lyman (collectively “Creative Artists”) appeal from the trial court’s denial of their motion to compel arbitration with appellees, Las Palmas Race Park, LLC, Las Palmas Downs, Inc., and Front Porch Entertainment, Inc. (collectively “Las Palmas”). By their first issue, appellants c... More...   $0 (10-29-2015 - TX)

Kleen Energy Systems, LLC v. Commissioner of Energy & Environmental Protection

The issue in this appeal is whether the defendant, the Commissioner of Energy and Environmental Protection, acting through the Public Utilities Regulatory Authority (authority),1 had jurisdiction to resolve a dispute between the parties to a contract relatingtotheprovisionofelectricalcapacity.Pursuant toGeneralStatutes§ 16-243m,2 theauthorityconducted a proceeding to develop a form contract betwee... More...   $0 (10-28-2015 - )

Sandra Saks, Lee Nick McFadin, III, and Margaret Landen Saks v. Broadway Coffeehouse LLC

This is the second appeal this court has considered involving: (1) the real property located at 5321 Broadway (“Property”); and (2) 5321 Broadway Partners, the Texas general partnership which owns equitable title to the Property (“Partnership”).
The first appeal addressed a challenge to a judgment entered in a probate proceeding confirming an arbitration award. The arbitration award resolved a... More...
   $0 (10-28-2015 - TX)

State of Maryland v. Philip Morris, Inc.

In 1998, Maryland and the 51 other Settling States entered the MSA, thus settling
their claims for “wrongful marketing and advertising of cigarettes, as well as damages
based upon the costs of treating smoking-related illnesses,” against three major cigarette
manufacturers – Philip Morris USA, Inc., R.J. Reynolds Tobacco Co., and Lorillard
apprproval of the side agreement, and ... More...
   $0 (10-25-2015 - MD)

Michael Bandler, MB&Co, Ltd. a/k/a Michael Bandler & Company v. Cohen Rosenthal & Kramer, LLP

Plaintiffs Michael Bandler and MB&Co, Ltd. (“corporation”)
bring an interlocutory appeal from the trial court’s ruling that Bandler, a nonattorney, may not
represent corporation in this case. He argues that the trial court violated his due-process rights
by ruling on the basis of the parties’ respective written submissions on the issue of representation
without giving him pri... More...
   $0 (10-24-2015 - VT)

Robert A. Masters v. Leah Masters

The parties were married in 1993 and are the parents of one child, a daughter, born in January 2007. Dissolution proceedings began in 2012, and a year later, the parties signed an agreement to arbitrate under the Family Law Arbitration Act (FLAA). See Ind. Code § 34-57-51 et seq. The FLAA permits parties in a dissolution of marriage action to resolve their disputes through arbitration rather th... More...   $0 (10-22-2015 - IN)

Intrepid Investments, LLC v. Selling Source, LLC

In August 2010, Defendant Selling Source, LLC (“Selling Source”) acquired
assets (the “Acquired Businesses”) from Plaintiff Intrepid Investments, LLC
(“Intrepid”).1 The Transaction and Purchase Agreement (the “Purchase
Affiliates of both Intrepid and Selling Source were involved. The role of the affiliates is immaterial to the current dispute. The other selling entities later ass... More...
   $0 (10-20-2015 - DE)

United Brotherhood of Carpenters v. Tappan Zee Constructors, LLC

This case arises from the disputed assignment of certain construction work 
on the Tappan Zee Hudson River Crossing Project (the “Project”) to replace the 
Tappan Zee Bridge across the Hudson River in New York.  The work is governed 
by the New York State Thruway Authority Project Labor Agreement Covering 
the Tappan Zee Hudson River Crossing Project (the “Project Labor Agreement”... More...
   $0 (10-20-2015 - NY)

PREMIUM TRANSPORTATION STAFFING, INC. and DALLAS NATIONAL INSURANCE CO. vs. ALAN BOWERS

Premium Transportation Staffing, Inc. (employer) and Dallas National
Insurance Co. (insurer) appeal from an adverse ruling on their petition for judicial
review of a final agency decision by the Iowa Workers’ Compensation
Commissioner that awarded permanent and total disability benefits to Alan
Bowers. The appellants challenge the agency determinations (1) finding Bowers
... More...
   $0 (10-17-2015 - IA)

Jennifer Diane Nunez v. Pinnacle Homes, LLC and SUA Insurance Company

We granted the defendants’ writ application in this case to determine
whether the lower courts erred by imposing personal liability on the sole member
and manager of a limited liability company (“L.L.C.”). The issue presented concerns
the scope of the narrow professional duty exception to the general rule of limited
liability for members, managers, employees, and agents of an... More...
   $0 (10-16-2015 - LA)

William A. Brandt, Jr. v. Horseshoe Hammond, LLC

In this adversary proceeding, Wil‐
liam Brandt, acting as plan administrator for Equipment Ac‐
quisition Resources (“EAR”), seeks to avoid and recover
fraudulent transfers made to the Horseshoe Casino (“Horse‐
2 No. 14‐2174
shoe”). Brandt alleges that EAR made fraudulent transfers to
Sheldon Player, the original owner of EAR, and that Player
used... More...
   $0 (10-13-2015 - IL)

511 S. Park View v. Maria Tsantis

Appeal from an order awarding $12,375 in attorney fees to Maria Tsantis and Michael Iorio following an unlawful detainer court trial.

INTRODUCTION

Plaintiff 511 S. Park View, Inc. appeals from an order awarding $12,375 in attorney fees to defendants Maria Tsantis and Michael Iorio following an unlawful detainer court trial. Plaintiff contends the award of attorney fees was limit... More...
   $0 (10-13-2015 - CA)

International Brotherhood of Electrical Workers, Local Union 824 v. Verizon Florida, LLC

The primary question in this labor arbitration appeal is an unusual one: did
the arbitrator exceed his power by issuing a substituted award after he determined
that he had exceeded his power in the original award? After close review and oral
argument, we agree with the district court that he did, and we affirm.

The plaintiff, International Brotherhood of Electrical Worker... More...
   $0 (10-12-2015 - FL)

Parallel Networks, LLC v. Jenner & Block LLP

On August 27, 2015, we withdrew our opinion and vacated our judgment in this case.
The following is now the opinion of the Court.
Parallel Networks, LLC1 appeals the trial court’s judgment confirming an arbitration
award under the Federal Arbitration Act (FAA) in favor of Jenner & Block, LLP. In four issues,
Parallel argues the trial court erred in confirming an arbitration award t... More...
   $0 (10-09-2015 - TX)

United States of America v. Andres Truppel

New York, NY - Former Siemens Chief Financial Officer Pleads Guilty In Manhattan Federal Court To $100 Million Foreign Bribery Scheme

Andres Truppel, former chief financial officer for Siemens Argentina, pled guilty today in Manhattan federal court to conspiring to pay $100 million in bribes to senior Argentine government officials to secure, implement, and enforce a $1 billion contract ... More...
   $0 (10-05-2015 - NY)

Shukri Sakkab v. Luxottica Retail North America, Inc.

This appeal presents issues of first impression regarding
the scope of Federal Arbitration Act (FAA) preemption,
9 U.S.C. § 2 et seq., and the meaning of the Supreme Court’s
decision in AT&T Mobility LLC v. Concepcion, 131 S. Ct.
1740 (2011). We must decide whether the FAA preempts the
California rule announced in Iskanian v. CLS Transportation
Los Angeles, LLC, 59 Cal. 4th... More...
   $0 (09-28-2015 - CA)

Extendicare Homes, Inc. v. Belind Whisman and Kimdred Nursing Extendicare Homes, Inc.

This decision consolidates three cases accepted by this Court for
discretionary review pursuant to CR 65.09. By way of motions for interlocutory
relief under CR 65.09, Extendicare Homes, Inc. d/b/ / Shady Lawn Nursing
Home ("Extendicare"), and its affiliated entities,' and Kindred Nursing Centers
Limited Partnership d/b/a Winchester Centre For Health and Rehabilitation
n/k... More...
   $0 (09-28-2015 - KY)

Idaho Transportation v. Ascorp, Inc.

While somewhat convoluted in its background, this appeal stems from a dispute over amounts due and owing under a state highway contract. Debco Construction and ITD entered into a contract whereby Debco agreed to provide construction services on a state highway project in Twin Falls, Idaho, known as the Washington Street Project. The contract included a process (Specifications) for adjustment of t... More...   $0 (09-26-2015 - ID)

Offshore Exploration v. Morgan Stanley

This case arises from a Stock Purchase Agreement (“SPA”) pursuant to which30
Offshore Exploration and Production, LLC (“Offshore”) sold a subsidiary company to31
Korea National Oil Corporation and Ecopetrol S.A. (collectively, the “Purchasers”), and32
from a separately executed Indemnification Escrow Agreement (the “Escrow33
2
Agreement”) between the parties governing the admin... More...
   $0 (09-25-2015 - NY)

Hawley v. Preferred Mutual Insurance Co

This appeal arises from a dispute between an insurer and its insured, based on a denial of coverage for water
damage, and largely concerns the question whether the insured's mere request for a reference for arbitration pursuant to G. L. c. 175, § 99, Twelfth, as appearing in St. 1951, c. 478, § 1, operates to toll the statute of limitations period contained in § 99 and incorporated by the i... More...
   $0 (09-20-2015 - MA)

Michael Morford d/b/a Nemaha Water Services, et al v. Esposito Securities, LLC

This is an appeal from an order denying Nemaha’s1 motion to compel arbitration before the Financial Industry National Regulatory Authority (FINRA) and granting Esposito Securities, LLC’s motion to compel arbitration before the American Arbitration Association (AAA). In a single issue, Nemaha argues the trial court erred by concluding Nemaha was not a customer
1 Appellants are Michael Morford, ... More...
   $0 (09-18-2015 - TX)

Orlander v. Staples, Inc

On March 3, 2012, Plaintiff purchased a Hewlett Packard computer at a Staples store, and 2
also purchased Staples’s two-year “Carry-in” Protection Plan for $99.99. He was given a 3
Protection Plan Brochure (“the Contract”), as well as verbal assurances from a Staples sales 4
representative that “[t]he manufacturer’s warranty [would] not be sufficient to address issues that 5
ar... More...
   $0 (09-18-2015 - NY)

Ricardo Martinez, M.D. and Alberto Pena, M.D. v. Maria Gonzales, et al.

This interlocutory appeal brought by appellants Ricardo Martinez, M.D. and Alberto Peña, M.D. asks us to determine whether the trial court abused its discretion in denying Martinez and Peña’s respective motions to dismiss under section 74.351 of the civil practice and remedies code. See TEX. CIV. PRAC. REM. CODE ANN. § 74.351 (West,
2
Westlaw through Ch. 46, 2015 R.S.). We affirm.
I. B... More...
   $0 (09-17-2015 - TX)

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