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Arbitration Law
 
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)

Mega RV Corporation v. HWH Corporation

This case began with a prosaic dispute. John and Dawn Ertz (collectively the Ertzes) purchased a motor home from retailer Mega RV Corporation (Mega RV). Citing alleged defects in the motor home, the Ertzes sued Mega RV, Country Coach, L.L.C. (Country Coach; the manufacturer of the motor home), and Bank of America, N.A. (Bank of America; the financier of the transaction) under the Song-Beverly Cons... More...   $0 (04-30-2014 - CA)

Brenda House v. Vance Ford-Lincoln-Mercury, Inc.

¶1 Brenda House (House) appeals a trial court order denying her motion to vacate an arbitration award and granting counter motions by Vance Ford-Lincoln-Mercury Inc. (Vance) and Ford Motor Credit Company, LLC (Ford) to confirm the arbitration award. She also appeals the trial court's order which sent the parties' controversy to arbitration, claiming she was denied due process by the trial court's... More...   $0 (04-29-2014 - OK)

Gregory Saffer v. JP Morgan Chase Bank

Plaintiff and appellant Gregory Saffer worked for Washington Mutual Bank (WaMu) between May 2007 and January 2008. In September 2008, WaMu failed. In short order, the Federal Deposit Insurance Corporation (FDIC) was appointed as receiver for the bank, and JP Morgan Chase Bank, N.A. (JPMC) purchased some of WaMu’s assets and liabilities. The FDIC published notices informing creditors that claims ... More...   $0 (04-29-2014 - CA)

DKN Holdings, LLC v. Wade Faerber

Plaintiff DKN Holdings LLC (DKN) appeals from a judgment of dismissal after the trial court sustained, without leave to amend, defendant Wade Faerber’s demurrer to DKN’s complaint for monies due under a commercial lease. (Code Civ. Proc., § 430.10 subd. (e).)1 DKN also appeals from a postjudgment order awarding Faerber $54,817.50 in attorney fees as the prevailing party in the action on the l... More...   $0 (04-25-2014 - CA)

Scott R. Wolfe v. BNSF Railway Company

Plaintiff-Appellant Scott Wolfe (“Wolfe”) appeals the district court’s order granting summary judgment in favor of Defendant-Appellee BNSF Railway Company (“BNSF”) on Wolfe’s claims under Montana Code Annotated (“MCA”) § 39-2-703. We have jurisdiction pursuant to 28 U.S.C. § 1291. We affirm in part, reverse in part, and remand for further proceedings.

FACTUAL AND PROCEDU... More...
   $0 (04-23-2014 - MT)

Orin Neiman v. Kahn, Chenkin & Resnick, P.L.

Appellants appeal a final summary judgment in favor of appellee, Kahn, Chenkin & Resnick, P.L. (“the law firm”), in an action for breach of an attorneys’ fee agreement. Because we find that appellants were similarly situated to their codefendants, who presented genuine issues of material fact that precluded summary judgment against the codefendants, summary judgment should have likewise been... More...   $0 (04-16-2014 - FL)

Lydiana Santiago v. Marisa Baker, M.D.

Leydiana Santiago and Armando Ocasio, the parents and natural guardians of the child, Z.O.S., sued Dr. Marisa Baker and Women's Care Florida, LLC,

- 2 -

d/b/a Lifetime Obstetrics and Gynecology (collectively, Lifetime), for medical malpractice. Tragically, Z.O.S. suffers from severe birth defects allegedly caused by a drug that Ms. Santiago resumed taking to treat a chronic disease. ... More...
   $0 (04-11-2014 - FL)

FI-Tampa, LLC v. Cynthia T. Kelly-Hall

FI-Tampa, LLC, and the other named appellants (collectively referred to as FI-Tampa) appeal the nonfinal order of the trial court denying their motion to compel

- 2 -

arbitration. Cynthia T. Kelly-Hall, as personal representative of the Estate of Altamese M. Kelly (the Estate) filed a three-count complaint in circuit court. Count one alleged nonlethal negligence damages; count two al... More...
   $0 (04-11-2014 - FL)

Leydiana Santiago v. Marisa Baker, M.D.

Leydiana Santiago and Armando Ocasio, the parents and natural guardians of the child, Z.O.S., sued Dr. Marisa Baker and Women's Care Florida, LLC,

- 2 -

d/b/a Lifetime Obstetrics and Gynecology (collectively, Lifetime), for medical malpractice. Tragically, Z.O.S. suffers from severe birth defects allegedly caused by a drug that Ms. Santiago resumed taking to treat a chronic disease. ... More...
   $0 (04-11-2014 - fl)

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