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Arbitration Law
 
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)

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)

Ricky D. Parker and James Myers v. Schlumberger Technology Corporation

Schlumberger Technology Corporation (“STC”) sued Ricky Parker and James Myers, respectively, the owner and the lead employee of a company STC had purchased, seeking to enforce their covenants not to compete and to recover damages based on related alleged torts. Relying on an arbitration provision
2
contained in STC’s asset purchase agreement for the company, Parker and Myers moved to compe... More...
   $0 (09-17-2015 - TX)

Melendrez v. Ameron Internat. Corp

Melendrez worked for Ameron and its predecessors from approximately 1961 to 1985, performing various tasks in the manufacture of Ameron’s Bondstrand pipe. The pipe, which was designed to transport extremely corrosive materials, contained asbestos, and Melendrez was exposed to asbestos from the manufacturing process in the course of his employment with Ameron.
The plant where Melendrez work... More...
   $0 (09-17-2015 - CA)

Rose v. Anderson Hay & Grain Co.

This case involves the jeopardy element of the tort for
wrongful discharge against public policy and whether the administrative remedies
available under the Surface Transportation Assistance Act of 1982 (STAA), 1 49
U.S.C. § 31105, preclude Charles Rose from recovery under a common law tort
claim. This is one of three concomitant cases2 before us concerning the "adequacy
o... More...
   $0 (09-17-2015 - WA)

Andrew Orlander v. Staples, Inc.

21 Plaintiff Andrew Orlander, a resident and citizen of New York State, appeals from the
22 district court’s dismissal, under Fed. R. Civ. P 12(b)(6) for failure to state a claim, of his claims for
23 breach of contract and for violations of New York General Business Law (“N.Y. GBL”) Sections
24 349 and 350, which prohibit deception of consumers and false advertising. Defendant Staples... More...
   $0 (09-16-2015 - NY)

Roger D. Burks v. XL Specialty Insurance Company

Appellant Roger D. Burks was the chief financial officer of Superior
Offshore International, Inc., which had obtained a directors and officers (D&O)
insurance policy from appellee XL Specialty Insurance Company. Superior
Offshore ultimately reorganized through a Chapter 11 bankruptcy, and the plan
agent sought to recover property that the company transferred to Burks and to
avo... More...
   $0 (09-15-2015 - TX)

Carlyle Investment Management Group, LLC, et al. v. Moonmouth Company S.A., et al.

Non-party Carlyle Capital Corporation, Ltd. (“CCC”) was a limited company
organized under the laws of the Island of Guernsey, Channel Islands in August 2006
The facts are drawn from the allegations in the plaintiffs‟ First Amended Verified Complaint (the “Complaint”), which are assumed true for purposes of the defendants‟ motion to dismiss, as well as documents integral to th... More...
   $0 (09-14-2015 - DE)

Dov Charney v. American Apparel, Inc.

Plaintiff Dov Charney, a California resident, is the founder and former Chairman
and Chief Executive Officer (CEO) of American Apparel, Inc. He is the beneficial owner
of approximately 42.3% of the Company. Charney and the Company are parties to an
Indemnification Agreement dated as of March 6, 2008 (the “Indemnification
Agreement”), and an Employment Agreement effective as o... More...
   $0 (09-14-2015 - DE)

State Of Connecticut v. Bacon Construction Co.

.Thenameddefendant,BaconConstructionCompany,Inc.,1appealsfromthetrialcourt’sdenial of its motion for summary judgment, in which it argued thattheclaimshereinassertedbytheplaintiff,thestate of Connecticut, are all barred by the doctrines of res judicata and collateral estoppel2 because such claims wereorcouldhavebeenmadeanddecidedinanearlier arbitrationproceedinginitiatedbythedefendantpursuant to G... More...   $0 (09-14-2015 - CT)

EEOC v. Sterling Jewelers, Inc.

Sterling  is  the  largest  fine  jewelry  company  in  the  United  States, 
operating chains including Kay Jewelers and Jared–the Galleria of Jewelry.  
Between  2005  and  2007,  the  EEOC  received  19  individual  charges  of 
discrimination from women employed by Sterling in stores located in nine 
states:  California,  Colorado,  Florida,  Indiana,  Massachusetts,  Missouri,... More...
   $0 (09-13-2015 - NY)

Jeffery J. Sheldon v. PINTO TECHNOLOGY VENTURES, L.P.

Two shareholders of a corporation filed suit seeking redress related to a
series of transactions allegedly orchestrated by various parties. The shareholders
claim the transactions diluted their respective stock interests in the corporation.
2
All defendants moved to dismiss the claims based on a Delaware forum-selection
clause contained in certain amended and restated versions ... More...
   $0 (09-10-2015 - TX)

Equal Employment Opportunity Commission v. Sterling Jewelers, Inc.

This case arises from an Equal Employment Opportunity
Commission (“EEOC”) enforcement action under Title VII of the Civil
Rights Act of 1964, 42 U.S.C. § 2000e et seq. (“Title VII”), alleging that
Defendant‐Appellee Sterling Jewelers Inc. (“Sterling”) engaged in a
nationwide practice of sex‐based pay and promotion discrimination. After
discovery, the magistrate judg... More...
   $0 (09-09-2015 - NY)

Kahn v. The Dewey Group

Kahn filed the present action on February 3, 2011, and filed the operative second amended complaint on August 15, 2011. The second amended complaint alleged that from 1996 to 2011, Kahn was a resident of a mobile home park located in San Fernando, California. Sometime prior to 1996, defendants and their predecessors-in-interest had used the land on which the mobile home park sat as an industrial... More...   $0 (09-09-2015 - CA)

Matter of TBA Global, LLC v Fidus Partners, LLC

Petitioner acquired a failing business pursuant to an asset purchase agreement that specifically excludes from the assets and liabilities being transferred to the buyer any "brokerage or finders' fees . . . or other similar payments" owed by the seller. The asset purchase agreement further specifically provides that the seller and the buyer will each bear its own "Transaction Costs," which are def... More...   $0 (09-08-2015 - NY)

Michels Corporation v. Central States, Southeast, and Southwest Areas Pension Fund

This case raises a familiar problem for pension funds: when did an employer’s obligation to contribute to the fund end? That question turns on when the governing collective bargaining agreement (CBA) between a
multi-employer group and a union terminated and how one should characterize a series of temporary “extensions” of the CBA. Several common issues are not before us: we are not concerned ... More...
   $0 (09-06-2015 - Il)

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