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Arbitration Law
Octavio Raya v. Rio Management Company, LLC and Wyatt Hidalgo Farms, Inc.

By four issues, appellant, Octavio Raya, appeals the trial courts confirmation of the arbitrators take-nothing judgment in favor of appellees, Rio Management Company, L.L.C. (Rio) and Wyatt Hidalgo Farms, Inc. (Wyatt). Raya raises four issues on appeal challenging the trial courts grant of Rios summary relief: (1) Rio omitted the
premises owner, Wyatt Hidalgo Farms, Inc. (Wyatt... More...
   $0 (07-25-2015 - TX)


As this appeal hinges on the regulation of Indian gaming, we begin with a brief introduction to the IGRA. Congress passed the IGRA in 1988 in order to provide a statutory basis for the operation and regulation of gaming by Indian tribes. Seminole Tribe of Fla. v. Florida, 517 U.S. 44, 48 (1996). The Act divides gaming on Indian lands into three classesI, II, and IIIand provides a different... More...   $0 (07-25-2015 - ID)

State of Idaho v. Coeru d'Alene Tribe

The Coeur dAlene Tribe (Tribe) appeals the
preliminary injunction prohibiting the Tribe from offering
Texas Holdem (Holdem) poker. The Tribe argues that
tribal sovereign immunity was not abrogated and that venue
was improper under the terms of the Tribal-State Gaming
Compact (Compact). We affirm because the Indian
Gaming Regulatory Act (IGRA) severed tribal immun... More...
   $0 (07-22-2015 - ID)

Baylor University Medical Center v. Mary Greeson

Baylor University Medical Center appeals an order abating a case and refusing to decide
Baylors motion to compel arbitration regarding Mary Greesons work place injury claim until
the parties complete discovery outlined in their Rule 11 agreement. In two issues Baylor argues
that (i) the trial court should have compelled Greeson to pursue her claims through arbitration
and (ii) th... More...
   $0 (07-20-2015 - TX)


At issue is whether the defendant union is
entitled on behalf of a terminated teacher to pursue arbitration
under the provisions of its collective bargaining agreement, or
whether it is instead required to pursue arbitration under G. L.

c. 71, 42, amended by St. 1993, c. 71, 44. Because we
conclude that G. L. c. 71, 42, provides the exclusive route to... More...
   $0 (07-20-2015 - )


Plaintiff Even Zohar Construction & Remodeling, Inc., sued defendants Bellaire Townhouses, LLC, Samuel N. Fersht and the Fersht Family Living Trust for breach of contract and related claims arising out of a project to develop a condominium in North Hollywood. Defendants unsuccessfully petitioned to compel arbitration and then failed to file a responsive pleading to the complaint. Thereafter, the... More...   $0 (07-20-2015 - )

In re: Michael G. Sheppard, Sharon L. Sheppart, Debors

In this appeal, Creditor Republic Franklin Insurance Company appeals the Bankruptcy Courts Order Denying Motion to Extend Time for Filing a Complaint to Determine the Dischargeablity of Debt and/or Filing an Objection to Discharge. The Bankruptcy Court held that the Creditor-Appellant had not met the threshold for cause under Fed. R. Bankr. P. 4004 and 4007(c). For the reasons set forth below, ... More...   $0 (07-19-2015 - TN)


In May of 2007, the First Bank of Idaho made a loan to Stilwyn, Inc., in the amount of 9.5 million dollars. The loan was secured by a deed of trust encumbering Stilwyns real property. Farmers National Bank later acquired a forty-two percent interest in the loan, while First Bank of Idaho retained a fifty-eight percent interest. In April of 2009, the Federal Deposit Insurance Corporation (FDIC) ... More...   $0 (07-17-2015 - )

Fairbanks Contracting and Remodeling, Inc. v. Anthony R. Hopcroft and Mary J. Hopcroft

Appellant Fairbanks Contracting and Remodeling, Inc., the defendant below, appeals a non-final order denying its motion to dismiss or transfer for improper venue. Appellant seeks to enforce a forum selection clause in a contract with the Appellees (plaintiffs below), Anthony and Mary Hopcroft. We agree that the clause is enforceable. Although Appellees complaint raises only a statutory claim of a... More...   $0 (07-15-2015 - FL)

Peter Nalasco v. Buckman, Buckman & Reid, Inc.

This is an appeal from a $22,000 attorneys fee judgment in favor of the prevailing parties in a securities arbitration case. Counsel for the prevailing parties sought fees in the neighborhood of $300,000. The prevailing parties have appealed, arguing, among other things, that the findings in the judgment are inadequate. We agree and thus reverse the fee judgment, for this reason and for others, a... More...   $0 (07-15-2015 - FL)

In re Lennar Homes of Texas Sales and Marketing Limited, etc.

The court has considered relators petition for writ of mandamus and is of the opinion that relief should be granted regarding mediation and denied regarding arbitration. The trial court abused its discretion by appointing a
1See Tex. R. App. P. 47.4, 52.8(d).
mediator and assessing mediation costs in a manner not authorized by the parties contract. The portions of the petition addr... More...
   $0 (07-15-2015 - TX)

IMO Borough of Keyport v. Local 68

In this appeal we review whether three municipalities were
required to negotiate with union representatives before taking
layoff actions that negatively impacted the hours and wages of
affected employees. Two of the municipalities imposed on
certain units of public employees mandatory, but temporary,
layoffs, in the form of a reduced number of work days over a
specif... More...
   $0 (07-14-2015 - )

Alpine Glass, Inc. v. Country Mutual Insurance Co.

Alpine Glass, Inc., appeals from an order confirming an arbitration award for
one of 482 claims it asserted against several insurance companies. Because
unresolved claims remain, because Alpine Glass did not obtain certification for an
interlocutory appeal, and because the order below is not a qualifying order pursuant
to Fed. R. Civ. P. 54(b), we lack jurisdiction to entertain thi... More...
   $0 (07-12-2015 - MN)

Masters Group International, Inc. v. Comerica Bank

¶1 Comerica Bank appeals a jury verdict and judgment rendered in favor of Masters
Group International, Inc. in the Second Judicial District Court, Silver Bow County. We
restate the determinative issues on appeal as follows:
1. Whether the District Court abused its discretion by denying Comerica’s severance
2. Whether the District Court erred in applying Montana law d... More...
   $0 (07-01-2015 - MT)

Rosa Elena Munoz v. City of Tracy

Plaintiff Rosa Elena Munoz appeals from a judgment dismissing her personal injury action against the City of Tracy (City) for failure to bring the action to trial within five years, as required by Code of Civil Procedure section 583.310 et seq. (Code Civ.
Proc., 583.310.)1 She contends the trial court erred in dismissing her case because the parties had executed a written stipulation e... More...
   $0 (06-30-2015 - CA)

City of Wilmington v. Fraternal Order of Police Lodge 1

Employers and employees typically agree on terms before work commences.
This common-sense custom did not prevail in the current dispute, which involves a
small bargaining unit of police captains and inspectors (the ―Bargaining Unit‖)
employed by the City of Wilmington (the ―City‖). Those individuals have been
working since mid-2010 without a contract. Negotiations between t... More...
   $0 (06-30-2015 - DE)

Capitol Records LLC et al v. Sirius XM Radio Inc

Los Angeles, CA - Capitol Records, L.L.C., et al. sued Sirius XM Radio, Inc. on copyright violation theories claiming that Sirius wrongfully played copyrighted music on it satellite radio network without paying royalty fees to the owners of the copyrights.

On June 17, 2015, our subsidiary, Sirius XM Radio Inc., entered into an agreement with Capitol Records LLC, Sony Music Entertainment,... More...
   $210000000 (06-27-2015 - CA)

Carter's of New Beford, Inc. d/b/a Carter's Clothing and Footware v. Nike, Inc. and Nike USA, Inc.

This case arises out of a
contract dispute between Plaintiff-Appellant Carter's of New
Bedford, Inc. ("Carter's"), a family-owned retail clothing and
footwear business with two stores in Massachusetts, and Defendant-
Appellee Nike, Inc. ("Nike"). In an attempt to stop Nike from
terminating the parties' business relationship, Carter's filed suit
in Massachusetts state court,... More...
   $0 (06-25-2015 - MA)


Cox Enterprises (“Cox”) is currently the defendant in a class-action antitrust
suit. Shortly before trial was set to begin—and after extensive discovery, class
certification, potentially dispositive motions, and a petition to this circuit—Cox
moved to compel arbitration. The district court determined that Cox’s assertion of its
right to arbitrate was overly late and incon... More...
   $0 (06-24-2015 - OK)

Leon Baer Borstein v. Virginia Marie Henneberry

Order, Supreme Court, New York County (Donna M. Mills, J.), entered September 27, 2013, which, to the extent appealed from as limited by the briefs, denied defendant's motion for attorneys' fees and sanctions, unanimously modified, on the law and the facts, to impose sanctions on plaintiff in the amount of $5,000, payable to the Lawyers' Fund for Client Protection, pursuant to 22 NYCRR 130-1.2 and... More...   $0 (06-23-2015 - NY)

Eliot Cohen v. UBS Financial Services, Inc., UBS AG

Eliot Cohen, a financial advisor employed by UBS Financial Services, Inc.
(“UBS”), consented by contract to arbitrate “claims concerning compensation,
benefits or other terms or conditions of employment” before the Financial
Industry Regulatory Authority (“FINRA”), and to waive “any right to commence,
be a party to or an actual or putative class member of any class or... More...
   $0 (06-20-2015 - NY)

David Litt v. Eisenhower Medical Center

Prior to trial, defendant Eisenhower Medical Center (EMC) served on plaintiff
David Litt a $15,000 settlement offer under Code of Civil Procedure1 section 998, which
Litt did not accept. Litt subsequently added Compass Group USA, Inc. (Compass) as a
defendant in the suit. Compass did not serve a section 998 offer on Litt. A jury returned
a verdict for Litt and against defendants jo... More...
   $0 (06-19-2015 - CA)

Michael Lockhard and Donald Lockhart v. Corporate Technologies, Inc.

Tulsa, OK - Michael Lockhard and Donald Lockhart sued Corporate Technologies, Inc. seeking a declaratory judgment claiming:

1. Plaintiffs are individuals residing in Tulsa County, Oklahoma.
2. Defendant is an Oklahoma corporation with its principal place of business in Tulsa County, Oklahoma.
3. On July 26, 2014, Defendant filed a claim with the American Arbitration Association (... More...
   $0 (06-17-2015 - Ok)

Andrew Williams v. Pinkerton Governmental Services, Inc.

Petitioner Andre Williams filed a single-count representative action pursuant
to the Private Attorney General Act, Labor Code section 2699 et seq. (PAGA),
alleging that real party in interest Pinkerton Governmental Services, Inc.
(Pinkerton) violated various provisions of the Labor Code.1
In response, Pinkerton
moved to enforce petitioner’s waiver of his right to assert a re... More...
   $0 (06-09-2015 - CA)

Volo Khalatian v. Prime Time Shuttle, Inc.

Defendants Prime Time Shuttle, Inc. (Prime Time), Rideshare Airport
Management, LLC, formerly known as Rideshare Port Management, LLC, and Rattan
Joea appeal a trial court order denying their motion to compel arbitration of claims based
on the alleged misclassification of plaintiff Valo Khalatian as an independent contractor
rather than an employee. We find the Federal Arbitration ... More...
   $0 (06-09-2015 - CA)

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