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Arbitration Law
Joanne Peake v. Marviel Underwood

Joanne Peake purchased a home from Marviel and Deanna Underwood. About two years later, Peake brought an action against the Underwoods and the Underwoods'


real estate agent, Paul Ferrell.1 Peake sought to recover damages for defendants' alleged failure to disclose defective subfloors in the home.

After the case had been pending for more than one year, Ferrell moved for t... More...
   $0 (06-25-2014 - CA)

Holly Stroth, Personal Representative of the Wrongful Death Estate of Gary Carl Stroth v. North Lincoln County Hospital District, d/b/a Star Valley Medical Center

[¶1] This case involves a claim arising under the Wyoming Governmental Claims Act
(WGCA), Wyo. Stat. Ann. §§ 1-39-101 through -121 (LexisNexis 2009). Appellant,
Holly Stroth, as personal representative of the estate of the decedent, Gary Carl Stroth,
filed a wrongful death action against the North Lincoln County Hospital District (d/b/a
Star Valley Medical Center), the Town of T... More...
   $0 (06-23-2014 - WY)

Arshavir Iskanian v. CLS Transportation Los Angeles, LLC

In this case, we again address whether the Federal Arbitration Act (FAA) preempts a state law rule that restricts enforcement of terms in arbitration agreements. Here, an employee seeks to bring a class action lawsuit on behalf of himself and similarly situated employees for his employer‘s alleged failure to compensate its employees for, among other things, overtime and meal and rest periods. Th... More...   $0 (06-23-2014 - CA)

Quality Lease and Rental Holdings, LLC v. Greta Yvette Mobley, David Michael Mobley, Texas Quality Mats, LLC, Texas Quality Gate Guard Service, LLC, and Quality Lease Air Service, LLC

These two interlocutory appeals arise from a commercial dispute involving appellees Greta Yvette Mobley, David Michael Mobley, Texas Quality Mats, LLC, Texas Quality Gate Guard Service, LLC, and Quality Lease Air Service, LLC (collectively “Mobley”). In appellate cause number 13-14-00064-CV, appellant Quality Lease and Rental Holdings (“QLRH”) contends that the trial court erred in denying... More...   $0 (06-19-2014 - OK)

William Bush and Mari Marc S.A. de C.V. v. Cardtronics, Inc. and Cardtronics S.A. de C.V.

Appellant William Bush1 challenges the trial court’s judgment granting appellees Cardtronics, Inc. (“Cardtronics USA”) and Cardtronics Mexico, S.A. de


C.V.’s motion to dismiss based on a forum selection clause. In four issues, Bush argues that the forum selection clause does not govern because (1) Bush performed under an earlier contract; (2) the latter contract did not rep... More...
   $0 (06-19-2014 - TX)

Keeya Malone v. California Bank & Trust

Plaintiff and petitioner Keeya Malone brought the instant wage and hour action against her former employer, defendant and real party in interest California Bank & Trust (CB&T).1 CB&T moved to compel arbitration, pursuant to a clause in its employee handbook. Malone opposed the petition arguing, inter alia, that the arbitration agreement was unconscionable. CB&T responded that the arbitration agree... More...   $0 (06-17-2014 - CA)

Phillip Dale Archer and Crystal Lynn Archer v. David Alan Archer, Steven Lee Archer, and Anita Sue Hunter

Phillip Dale Archer (Phillip) and Crystal Lynn Archer (collectively appellants) bring this interlocutory appeal from the trial court’s order denying their motion to compel arbitration. See TEX. CIV. PRAC. & REM. CODE ANN. § 171.098(a)(1) (West 2011) (permitting interlocutory appeal from trial court’s order denying motion to compel arbitration). We affirm the trial court’s order.

Back... More...
   $0 (06-17-2014 - TX)

Memorial Hermann Hospital System d/b/a Memorial Hermann Southwest Hospital v. Jewell Hayden

In this interlocutory appeal,1 Memorial Hermann Hospital System d/b/a Memorial Hermann Southwest Hospital appeals a trial court’s order denying its

1 See TEX. CIV. PRAC. &REM. CODE ANN. § 51.014(a)(9) (West Supp. 2013).


motion to dismiss Jewell Hayden’s slip-and-fall claim arising out of an injury she suffered while she was assisting a patient at the hospital. The... More...
   $0 (06-17-2014 - TX)

Tamar Orichian v. BMW of North America, LLC

Tamar Orichian purchased a new 2007 BMW X5 automobile from a BMW dealership. BMW of North America, LLC, expressly warranted the vehicle against defects in materials or workmanship, agreeing to repair or replace any defective parts. Plaintiff filed a complaint for breach of warranty under the Song-Beverly Consumer Warranty Act (Civ. Code, § 1790 et seq.) (Song-Beverly)1 and the federal Magnuson-M... More...   $0 (06-14-2014 - CA)

United States of America v. Wendell Young, Adrian Franklin, Francisco DeLaRosa and Tracey Young

Nashville, TN - Wendell Young, 34, of Inglewood, Calif., Adrian Franklin, 40, of Chandler, Arizona, Francisco DeLaRosa, 42, of West Covina, Calif. and Tracey Young, 46, of Los Angeles, have been sentenced by United States District Court Judge William Haynes for their participation in a money laundering scheme to defraud Nissan, announced David Rivera, U.S. Attorney for the Middle District of Tenne... More...   $0 (06-13-2014 - TN)

Michael Barrett v. Salt Lake County and Linda Hamilton

The trouble began when Michael Barrett, a Salt Lake County employee, helped a colleague pursue a sexual harassment complaint against her boss. The complaint was entirely warranted but some in management apparently didn’t like the publicity. According to Mr. Barrett, his superiors thought him a noisy troublemaker and began a campaign to have him discharged or demoted. After he was demoted Mr. Bar... More...   $0 (06-13-2014 - UT)

Marissa Rea v. Blue Shield of California

In 1999, the Legislature enacted the California Mental Health Parity Act (Health & Saf. Code, § 1374.72)1 (Parity Act) to address the imbalance between medical coverage for physical illnesses and mental illnesses. The Parity Act mandated that every health care service plan contract “provide coverage for the diagnosis and medically necessary treatment of severe mental illnesses . . . under the s... More...   $0 (06-10-2014 - CA)

Vista Quality Markets v. Jorge Lizalde

Vista Quality Markets (“Vista”) appeals the trial court’s order denying its motion to compel arbitration. We reverse and remand to the trial court with instructions to enter an order compelling arbitration.


Vista is engaged in the business of operating grocery stores in El Paso, Texas, and is a non-subscriber to workers’ compensation. In Febr... More...
   $0 (06-08-2014 - )

JJJJ Walker, LLC; Dynafab USA, LLC; Renaissance Properties of Texas, LLC; Priya Properties, LLC; BD Texas, LLC; and KW Hospital Acquisition, LLC v. Eric Yollick

In this fraud case, the plaintiffs prevailed in their claims against a bank, the bank’s corporate agent, and the bank’s attorney, but the trial court granted judgment notwithstanding the verdict on the claim against the bank’s attorney on the ground that no evidence supported the liability finding. In arguments that we treat as cross-points, the attorney argues that the economic-loss rule an... More...   $0 (06-05-2014 - TX)

Victor S. Elgohary v. Herrera Partners, L.P.

In this appeal from the denial of a post-judgment turnover order, we consider whether (1) the trial court’s order is final and appealable, and (2) the trial court


erred in denying appellant’s request that certain property be turned over to a receiver appointed to collect a judgment on his behalf. We affirm.


The Underlying Suit

In 2006, Elgohary a... More...
   $0 (06-05-2014 - TX)

Juan Mendez, Jr., guardian of Juan Mendez, Sr. v. Hampton Court Nursing Center, LLC

Juan Mendez, Jr. (“the son”) appeals a trial court order compelling arbitration of a claim he filed on behalf of Juan Mendez, Sr. (“the father”) against Hampton Court Nursing Center, LLC (“the facility”), for alleged negligence in the care of the father while he resided at the facility. Because the father was the intended third-party beneficiary of the contract that contained the arbit... More...   $0 (06-04-2014 - FL)

Mary Rose Wilcox v. Joseph M> Arpaio

We are asked to decide whether federal or state privilege law governs the admissibility of evidence of an alleged settlement reached during mediation of federal and state law claims. We conclude that federal privilege law governs, but that the County waived any available privilege; therefore, we affirm the district court’s enforcement of the settlement agreement reached in mediation.

   $0 (06-03-2014 - AZ)

Sabrina Laguna v. Coverall North America, Inc.

This case asks us to decide whether a settlement agreement reached before class certification between Plaintiffs and Defendants is fair, reasonable, and adequate. We agree with the district court that the settlement merits approval, and we affirm.


Coverall North America, Inc. (“Coverall”) is a janitorial franchising company operating in California. Plaintiffs brought a class ac... More...
   $0 (06-03-2014 - CA)

Kent Eubanks v. Pella Corporation

The class action is an ingenious procedural innovation that enables persons who have suf-fered a wrongful injury, but are too numerous for joinder of their claims alleging the same wrong committed by the same defendant or defendants to be feasible, to obtain relief as a group, a class as it is called. The device is especially im-portant when each claim is too small to justify the expense of a sepa... More...   $0 (06-02-2014 - IL)

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)

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