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Arbitration Law
 
Michael Ashbey v. Archstone Property Management

Defendant Archstone Communities LLC (“Archstone”)
appeals from the district court’s denial of its Motion to
Compel Arbitration. We reverse the district court’s order and
remand for entry of an order granting Archstone’s Motion to
Compel Arbitration.
I.
Michael Ashbey was employed at Archstone from
December 1996 until November 2010, when he was fired. He
be... More...
   $0 (05-12-2015 - CA)

Movie Poster House, Inc. v. Heritage Auctions, Inc.

Movie Poster House, Inc. appeals the trial court’s summary judgment in favor of Heritage Auctions, Inc. In four issues, MPH contends the trial court erred because its claims are not barred by res judicata or collateral estoppel and the arbitrator abused his discretion by refusing to allow MPH to amend its statement of claims. We affirm.
In early 2008, Kenneth Mauer loaned William Hughes over... More...
   $0 (05-08-2015 - TX)

Titia Brown v. Carrington Place of Tulsa, LLC d/b/a Sand Springs Nursing & Rehabilitation a/k/a Oakdale Manor and Traditions Senior Management, Inc.

Tulsa, OK - Titia Brown, Administrator of the Estate of Charlotte Brown and Charlotte Brown, Decesased, sued Carrington Place of Tulsa, LLC d/b/a Sand Springs Nursing & Rehabilitation a/k/a Oakdale Manor and Traditions Senior Management, Inc. on medical negligence (medical malpractice) theories claiming:

1. Plaintiff, Titia Brown, is a surviving child of Charlotte Brown, deceased, and Spe... More...
   $1 (05-07-2015 - OK)

Eric Walker v. Builddirect.com

¶1 The United States Court of Appeals, Tenth Circuit, certified the following question of Oklahoma law under the Revised Uniform Certification of Questions of Law Act, Okla. Stat. tit. 20, §§ 1601-1611 (2011):

Does a written consumer contract for the sale of goods incorporate by reference a separate document entitled "Terms of Sale" available on the seller's website, when the c... More...
   $0 (05-05-2015 - OK)

Eric Walker v. Bouilddirect.com

¶1 The United States Court of Appeals, Tenth Circuit, certified the following question of Oklahoma law under the Revised Uniform Certification of Questions of Law Act, Okla. Stat. tit. 20, §§ 1601-1611 (2011):

Does a written consumer contract for the sale of goods incorporate by reference a separate document entitled "Terms of Sale" available on the seller's website, when the c... More...
   $0 (05-05-2015 - OK)

Mark S. Novak v. Michael Fay, as Trustee

Plaintiff, Mark S. Novak, seeks to enforce an attorney fee lien on assets held by the Dana Teitler Trust dated August 20, 1999 (Dana Teitler Trust). The present petition to enforce the attorney fee lien arises out of plaintiff‟s representation of Douglas Kelly between 2007 and 2012. In 2007, plaintiff and Mr. Kelly executed a contingency attorney fee agreement. The contingency fee agreement gran... More...   $0 (04-28-2015 - CA)

John Dewey Holt v. Kamagon Fitness, Karen L. Reed, Mark Reed and Hedstrom PLastics, Inc.

Tulsa, OK - John Dewey Holt sued Kamagon Fitness, Karen L. Reed, Mark Reed and Hedstrom PLastics, Inc. on fraud, breach of contract, intentional infliction of emotional distress, libel and tortious interference with contract theories claiming:

2. That upon information and belief, Kamagon Fitness LLC was and is a domestic limited liability corporation located in Tulsa County, State of Okl... More...
   $1 (04-27-2015 - OK)

4927 Voorhees Road, L.L.C., et al. v. Steven M. Mallard

4927 Voorhees Road, LLC; Florida Holdings, III, LLC; Harborside
Healthcare Corporation; Sunbridge Healthcare Corporation n/k/a Sunbridge Healthcare,
LLC; Sun Healthcare Group, Inc.; Anita C. Faulman; Kimberly Ann Vermilyea; Donna
W. Morris; and Antoinette R. Clausi (collectively, the nursing home) challenge the order
denying their motions to compel arbitration. Because the trial co... More...
   $0 (04-24-2015 - FL)

Florida Insurance Guaranty Association, Inc. v. Oscar Lustre and Dalisay Lustre

Florida Insurance Guaranty Association, Inc. (FIGA), appeals a nonfinal order compelling appraisal concerning the repair of damages caused by a sinkhole to a residence owned by Oscar Lustre and Dalisay Lustre (the Lustres). Based on this
- 2 -
court's recent decision in Florida Insurance Guaranty Ass'n v. de la Fuente, 40 Fla. L. Weekly D123 (Fla. 2d DCA Jan. 7, 2015), we conclude that the... More...
   $0 (04-24-2015 - FL)

In the Estate of Rosa Elvia Guerrero, Deceased

Mike Hall Chevrolet, Inc. d/b/a Champion Chevrolet (Champion) 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 orde... More...
   $0 (04-23-2015 - TX)

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)

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