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Arbitration Law
 
BEN VILLARREAL JR., CLEO MARTINEZ, and LaCASA MARTINEZ TEXMEX, INC. vs. UNITED FIRE & CASUALTY COMPANY d/b/a UNITED FIRE GROUP

A restaurant was severely damaged by fire. The owners made an insurance claim, but much of the claim was denied. They ultimately sued the insurer for policy benefits. They obtained a jury verdict and judgment against the insurer, which the insurer paid. Thereafter, they brought a separate action against the insurer for bad faith, alleging it had lacked a reasonable basis for its prior refusal ... More...   $0 (01-08-2016 - IA)

PECO Logistics, LLC v. Walnut Investment Partners, L.P., et al.

In March 2011, two sophisticated investors (the “Walnut Investors”) acquired
preferred units in PECO Logistics, LLC (“PECO” or the “Company”) and became parties
to an LLC agreement that afforded them the voluntary right to sell their preferred units
back to PECO three years later (the “Put Right”). The LLC agreement provides that,
upon exercise of the Put Right, the Company mu... More...
   $0 (01-01-2016 - DE)

Deere & Company & a. v. The State of New Hampshire, Kubota Tractor Corporation v. The State of New Hampshire, Husqvarna Professional Products, Inc. v. The State of New Hampshire

The pertinent facts follow. SB 126, enacted in 2013, amended RSA chapter 357-C to define “motor vehicle” as including “equipment,” which “means farm and utility tractors, forestry equipment, industrial equipment, construction equipment, farm implements, farm machinery, yard and garden equipment, attachments, accessories, and repair parts.” Laws 2013, 130:1 (quotations omitted); see RSA 357-C:1, ... More...   $0 (12-31-2015 - NH)

State Of Montana v. Poulson

Kermit Ty Poulson appeals the order of the Eleventh Judicial District Court,
Flathead County, which revoked his suspended sentences and reimposed his two
consecutive two-year commitments to the Montana Department of Corrections (DOC) for
the convictions of felony criminal possession of dangerous drugs and felony
bail-jumping. The two convictions were filed as separate appeals... More...
   $0 (12-31-2015 - MT)

United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union AFL-CIO-CLC, et al. v. Wise Alloys, LLC

This appeal and cross-appeal represent the latest chapter3 in the contentious
aftermath of a November 2007 collective-bargaining agreement between the Union
and the Company. The Company operates an aluminum rolling mill in Muscle
Shoals, Alabama, and the Union represents many of the Company’s production
workers. In 2007, the Company and the Union entered into a collective-barg... More...
   $0 (12-26-2015 - AL)

Miccosukee Tribe of Indians of Florida v. Billy Cypress, et al

The Plaintiff, the Miccosukee Tribe, is a federally registered tribe in Southern Florida. The defendants include: (1) Billy Cypress, the Tribe's former Chairman; (2) Julio Martinez, the Tribe's former CFO; (3) Miguel Hernandez, the
Tribe's former Director of the Department of Finance; (4) Guy Lewis, a non Tribal-member attorney in Miami; (5) Michael Tein, a non-Tribal-member attorney in Miam... More...
   $0 (12-25-2015 - FL)

DIRECTV, Inc. v. Imburgia

DIRECTV, Inc., the petitioner, entered into a service agreement with its customers, including respondents Amy Imburgia and Kathy Greiner. Section 9 of that contract provides that “any Claim either of us asserts will be resolved only by binding arbitration.” App. 128. It then sets forth a waiver of class arbitration, stating that “[n]either you nor we shall be entitled to join or consolidate cla... More...   $0 (12-25-2015 - DC)

December Corp. v. Wild Meadows Home Owners Association, et al.

Plaintiff December Corporation (“December Corp.”) is a Pennsylvania corporation whose principal business is to manage and maintain housing communities.1 December Corp. manages the Wild Meadows manufactured housing community (“Wild Meadows”), which is an “active adult manufactured housing community”2 located in Dover, Delaware. Defendant Wild Meadows Home Owners Association (“WMHA”) is an incorpo... More...   $0 (12-23-2015 - DE)

Federal Insurance Company v. Kert Reedstrom

Federal Insurance Company appeals the order of the Marshall Circuit Court denying its motion to compel arbitration of the breach-of-contract claim asserted against it by Kert Reedstrom. We reverse and remand.

In 2008, Reedstrom entered into a written employment agreement with Marshall-Jackson Mental Health Board, Inc., d/b/a Mountain Lakes Behavioral Healthcare ("MLBHC"), to begin serv... More...
   $0 (12-20-2015 - AL)

BRUCE BAKER vs. BRIDGESTONE/FIRESTONE and OLD REPUBLIC INSURANCE

Bruce Baker works for Bridgestone/Firestone1 at its Des Moines plant. He has worked for the company since 1994. At the time of the arbitration hearing in this case, he was a maintenance mechanic in the hoist department. As a maintenance mechanic, Baker inspected and repaired machines located at the Bridgestone plant. This position often required him to work on scissor lifts suspended up to twe... More...   $0 (12-18-2015 - IA)

State Farm Mutual Automobile Insurance Company vs. Angela Mary Lennartson

The two cases before us in this consolidated appeal involve a dispute over the
obligation of an insurer to pay no-fault medical-expense or income-loss benefits after the
same expenses or losses were recovered in a tort action. We consider two questions:
(1)_whether the Minnesota No-Fault Automobile Insurance Act (No-Fault Act), Minn.
Stat. §§ 65B.41-.71 (2014), bars an insured... More...
   $0 (12-16-2015 - MN)

Entrada Company, LLC v. Charles E. Pressley, et al.

On February 21, 2006, Entrada Company, LLC, filed suit (“first suit”)
to obtain a right of passage across three tracts of land in Ouachita Parish.
Entrada asserted that it had no access to a public road from its property.
Entrada filed motions for summary judgment in May and November
of 2007; these were denied in November of 2008. The trial court noted in a
footnote that i... More...
   $0 (12-05-2015 - LA)

Kakstys vs Stevens

This case presents a significant legal issue regarding the
effective date for the retroactive establishment of an initial
child support obligation in a divorce proceeding. Specifically,
the question is whether the court may retroactively set an
obligor’s child support obligation (a) only as of the filing date
of an actual child support motion (pendente lite or otherwise),... More...
   $0 (12-01-2015 - NJ)

Tania B. King v. Phoenix Residential Construction, LLC, Brad Boone, McGraw Davisson Stewart, LLC d/b/a McGraw Realtors, Sherri Sanders and Robert Curnutt

Tulsa, OK - Tania B. King sued Phoenix Residential Construction, LLC, Brad Boone, McGraw Davisson Stewart, LLC d/b/a McGraw Realtors, Sherri Sanders and Robert Curnutt on breach of contract, recission, fraud, negligence and other theories claiming:

For her claims against Defendants Phoenix Residential Construction, LLC (“Phoenix”) and Brad Boone (“Boone”), collectively (“Defendants”), Pla... More...
   $0 (11-30-2015 - OK)

R.M. Packer Co., Inc. v. Marmik, LLC

At issue is whether R.M. Packer Co. (Packer) was properly found liable for attorney's fees and costs
under G. L. c. 21E, § 4A(f), after it unsuccessfully sought contribution from the defendants for costs to clean up an oil spill. In three circumstances, the statute requires that reasonable attorney's fees and costs be awarded against a plaintiff who has sued seeking contribution for environm... More...
   $0 (11-30-2015 - MA)

RAYTHEON COMPANY v. USA

In this bid protest, plaintiff Raytheon Company (“Raytheon”), the contract awardee, challenges both the statements made by a Government Accountability Office (“GAO”) attorney during an outcome prediction conference held in conjunction with protests lodged by defendantintervenors Lockheed Martin Corporation (“Lockheed”) and Northrop Grumman Systems Corporation (“Northrop”), and the decision of the ... More...   $0 (11-29-2015 - DC)

Akilah Louise Wofford, et al. v. M.J. Edwards & Sons Funeral Home Inc., et al.

Plaintiff/Appellee Akilah Wofford‘s father, L.C. Wofford, died on June 10, 2013 after suffering a heart attack in his yard. Ms. Wofford, who graduated from high school in 2008, was a college student at the time of her father‘s death. She was raised by her father. When her father passed away, her aunt assisted her with making the funeral arrangements. The family contacted Defendant/Appellant M.J. E... More...   $0 (11-26-2015 - TN)

Wellness, Inc., d/b/a Wellness Environments v. Pearl River County Hospitals

Pearl River Community Hospital is a community hospital in Poplarville, Mississippi;
a Board of Trustees governs the hospital. In June 2010, the Hospital employed Michael
Boleware as its Chief Executive Officer. Boleware and another individual, Hope Thomley,
began to engage with outside companies, not party to the instant appeal, for various projects
around the Hospital. On Septe... More...
   $0 (11-20-2015 - MS)

T.B. v. San Diego Unified School District

This is the latest round in an unfortunate dispute that has
endured for almost a decade regarding the education of a
child with disabilities. The child is now 21 years old and has
since graduated from high school, but the litigation has
continued. T.B. and his parents, the Brenneises, used to be
residents of the San Diego Unified School District. T.B. has
T.B. V. SAN DIEGO ... More...
   $0 (11-19-2015 - CA)

The City of Lubbock, Texas v. Lazaro Walck

Appellee Lazaro Walck filed a Whistleblower Act1 suit against his employer, the City of Lubbock. When the trial court denied the City’s plea to the jurisdiction, the City brought this interlocutory appeal.2 We will reverse and render in part, vacate and dismiss in part, and otherwise affirm the order of the trial court.
1 The Texas Whistleblower Act is contained in chapter 554 of the Texas Gov... More...
   $0 (11-16-2015 - TX)

Oasis Legal Finance Group v. Coffman

Oasis Legal Finance Group, LLC; Oasis Legal Finance, LLC; Oasis Legal Finance
Operating Company, LLC (collectively, “Oasis”); and Plaintiff Funding Holding, Inc.,
d/b/a LawCash (“LawCash”), operate nationwide, but they began doing business in
Colorado in 2004 and 2001, respectively. They provide money to plaintiffs with
pending personal injury claims arising from events such a... More...
   $0 (11-16-2015 - CO)

Curtis Davis v. Producers Agricultural Insurance Company

Mr. Davis farms in Pulaski County, Georgia. ProAg is a private insurance
company that writes federal crop insurance policies pursuant to a Standard
Reinsurance Agreement with the FCIC. At all times relevant to this action,
Mr. Davis maintained a crop insurance policy written by ProAg to cover his cotton
crop. In 2008, Mr. Davis’s cotton crop had a low yield caused by periods of ... More...
   $0 (11-15-2015 - GA)

Chevron Corp. v. Donziger

A provincial court in Ecuador has entered a multibillion dollar judgment against Chevron Corporation ("Chevron") in an action brought by indigenous peoples in the Amazonian rain forest (the "Lago Agrio Plaintiffs" or "LAPs").1 The gravamen of their case is alleged pollution of the rain forest in years ending in 1992 by Texaco, Inc. ("Texaco"), the stock of which Chevron acquired at the end of 2001... More...   $0 (11-15-2015 - NY)

Duffey v. Twentieth Century Fox Film Corp.

Duffey alleges the following background facts in the operative complaint. The court
accepts these facts as true for the purposes of this motion. Michael Coppel Promotions Pty. Ltd.
v. Michael Bolton, 982 F. Supp. 950, 953 (S.D.N.Y. 1997). This summary of the facts also
references two contracts and the Box of Flair itself, all of which are integral to the operative complaint.1 <... More...
   $0 (11-15-2015 - NY)

NATIONAL FOOTBALL LEAGUE MANAGEMENT COUNCIL V. NATIONAL FOOTBALL LEAGUE PLAYERS ASSOCIATION

Shortly after the conclusion of the AFC Championship Game on January 18, 2015, senior
NFL officials undertook an extensive (reportedly $3+ million) investigation into the
circumstances surrounding the use by the Patriots of seemingly under-inflated footballs during
that game's first half. On January 23,2015, the NFL publicly announced that it had retained
Theodore V. Wells, Jr.... More...
   $0 (11-15-2015 - NY)

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