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Arbitration Law
 
Stephen Karbelk v. Larry Latham, Pinnacle Quest, LLC and Stan Schreyer

Stephen Karbelk sued Larry Latham, Pinnacle Quest, LLC and Stan Schreyer seeking the dissolution of a limited liability company claiming:

1. Plaintiff resides in the Commonwealth of Virginia.

2. Defendant Pinnacle is a limited liability company formed in the State of Utah with its principal place of business in Salt Lake City, Utah.

3. Defendant Latham is a resident of Las Veg... More...
   $0 (12-18-2013 - OK)

In Re: Wal-Mart Wage and Hour Employment Practices Litigation

Appellants Carolyn Burton, Robert Mills, the Mills Law Firm, and Carol LaPlant (collectively, the Burton Group) appeal from the district court’s confirmation of an arbitration award allocating attorneys’ fees. The Burton Group contends that the district court erred in declining to vacate the arbitration award pursuant to § 10(a) of the Federal Arbitration Act (FAA), 9 U.S.C. § 10(a). Appelle... More...   $0 (12-17-2013 - NV)

The Honorable Harry E. Coates v. The Honorable Mary Fallin

¶1 We assumed original jurisdiction in the above styled and numbered cause on November 25, 2013 to consider a constitutional challenge to Senate Bill 1062, 2013 Okla. Sess. Laws, Ch. 208. The bill repealed the Workers' Compensation Code, 85 O.S. 2011 §§301 et seq., replacing it with the Administrative Workers' Compensation Act (Administrative Act), 85A O.S. Supp. 2014 §§1 et seq. The same bil... More...   $0 (12-16-2013 - OK)

Lloyd Ward, Lloyd Ward, PC. et al v. Hawkins, Kelly

Appellants Lloyd Ward, Lloyd Ward, P.C., Lloyd Ward & Associates, and Lloyd Ward Group, P.C. appeal the denial of their motion to vacate a Kansas default judgment in favor of appellee Kelly Hawkins. In three issues, appellants contend the trial court (1) abused its discretion by not granting their motion to vacate the default judgment because the Kansas court lacked personal jurisdiction over appe... More...   $0 (12-16-2013 - TX)

Douglas G. Bezio v. SCot E. Braeger

The question on appeal is whether the district court erred in enforcing an arbitration clause in an attorney-client engagement letter as to malpractice and unfair practice claims brought by a former client under Maine law.

The client is Douglas Bezio, who sued his former law firm of Bernstein, Shur, Sawyer & Nelson (BSSN) and individual defendants, alleging malpractice and violati... More...
   $0 (12-16-2013 - ME)

Larry D. Schaefer v. Dale L. Putnam

In this appeal, we are asked to interpret Iowa Code section 654A.6(1) (2009) when a farm creditor, after being sued regarding the validity of its mortgages, brought a counterclaim to foreclose the mortgages without first obtaining a mediation release. Larry and Elaine Schaefer filed suit against their sons, their former attorney, Dale Putnam, a limited liability company, SMP, L.L.C. (SMP), and oth... More...   $0 (12-13-2013 - IA)

Andrea A. Crowson v. Thomas D. Crowson, Jr.; Barrett and Coble, Attorneys at Law; John Barrett; and Kathleen Debra Coble

Andrea A. Crowson appeals the trial court’s final decree of divorce awarding custody and visitation and dividing the marital estate pursuant to the terms of a mediated settlement agreement (the MSA). In five issues, Andrea1 challenges the trial court’s enforcement of the MSA.

For the reasons that follow, we affirm the trial court’s final decree of divorce.2

1 We refer to the pa... More...
   $0 (12-13-2013 - TX)

Rami Amir and Ron Aliezer v. International Bank of Commerce

Appellants, Rami Amir and Ron Aliezer, filed a plea in abatement and motion to compel arbitration in a suit brought by appellee, International Bank of Commerce (IBC). Amir and Aliezer filed a motion to compel arbitration but explained to the trial court they would not pay their portion of the arbitration filing

2

fee. The trial court refused to compel arbitration, and Amir and Alieze... More...
   $0 (12-12-2013 - TX)

Rosita H. Smith v. JEM Group, Inc.

JEM Group, Inc. (“JEM”) appeals from the district court’s denial of its motion to compel arbitration. The district court held that it had authority to decide whether an arbitration clause contained in an attorney retainer agreement is unconscionable. On the merits, the court held that the clause is unconscionable under Washington law.

We affirm.

I. Background

Rosita Smit... More...
   $0 (12-12-2013 - WA)

James Reynolds v. Daniel M. Tangherlini

James Reynolds was 62 years old when his employer, the U.S. General Services Administration (“GSA”), passed him over for a promotion in favor of a 32-year-old employee. Reynolds sued the GSA Administrator alleging that the agency discriminated against him on the basis of age in violation of the “federal sector” provision of the Age Discrimination in Employment Act (“ADEA”), 29 U.S.C. Â... More...   $0 (12-12-2013 - IL)

Christine Seney v. Rent-A-Center, Inc.

Christine and Antwan Seney appeal the district court’s order compelling arbitration of their breach of warranty claim under the Magnuson-Moss Warranty Act, 15 U.S.C. § 2301 et seq. (2006). For the reasons that follow, we affirm.

I.

In March 2012, the Seneys entered into a “Rental-Purchase Agreement” with Rent-A-Center, Inc. (“RAC”) for a wooden trundle bed and mattress. In... More...
   $0 (12-11-2013 - MD)

Heather Edwards v. Broadwater Casitas Care Center

Plaintiff, Heather Edwards, has appealed cost and attorney’s fee awards imposed by the trial court against her following the unsuccessful arbitration of her employment discrimination claim. She argues the trial court exceeded its jurisdiction in awarding costs and attorney’s fees to defendants, Broadwater Casitas Care Center, LLC and Nathan Ure. Defendants have moved to dismiss plaintiff’s a... More...   $0 (12-05-2013 - CA)

Air Methods Corporation v. OPEIU; OPEIU Local 109

This case arises out of an arbitration award granted in favor of a helicopter pilot whom Plaintiff Air Method Corporation had terminated following an incident in April 2010. The pilot, Jeff Stackpole, is a member of Defendant Office and Professional Employees International Union, Local 109 (“OPEIU Local 109”). Mr. Stackpole was represented by OPEIU Local 109 throughout the arbitration process.... More...   $0 (12-03-2013 - CO)

Alper Karaali v. Petroleum Wholesale, L.P.

Appellant Alper T. Karaali1 appeals from the trial court’s final judgment in favor of Petroleum Wholesale, L.P., which was based on an arbitration award. He

1 Both Karaali and Tien Shan, Inc., the other maker on the note that forms the basis of the suit underlying this appeal, filed a notice of appeal. Their attorney was permitted to withdraw while this appeal was pending. Karaali then ap... More...
   $0 (11-26-2013 - TX)

Optimal Markets, Inc. v. David Salant

This appeal arises from an order in which the trial court, after confirming an arbitration award in favor of defendants, denied a separate motion brought by some of the prevailing parties for an award of sanctions against plaintiff’s attorneys. The sanctions motion was made pursuant to Code of Civil Procedure section 128.7 on the grounds that the case was “pursued . . . for an improper purpose... More...   $0 (11-26-2013 - CA)

Valerus Compression Services, LP and Valerus Services Company, LLC v. William Austin

The underlying dispute concerns the propriety of the forced redemption of William Austin’s partnership interests in Valerus Compression Services, L.P. by Valerus Compression Services, L.P. and Valerus Services Company, LLC (collectively “Valerus”). In two interlocutory appeals, Valerus challenges the trial court’s orders (1) denying Valerus’s motion to compel arbitration of Austin’s cl... More...   $0 (11-21-2013 - TX)

State of New Jersey v. E-Sports Entertainment

Acting Attorney General John J. Hoffman, the Division of Law and the Division of Consumer Affairs announced today that on-line video gaming company E-Sports Entertainment, LLC, has entered into a $1 million settlement that resolves allegations it infected thousands of personal computers with malicious software code enabling E-Sports to monitor what programs subscribers were running and illegally m... More...   $0 (11-21-2013 - NJ)

City of San Antonio, Texas v. Joseph Salvaggio

The City of San Antonio appeals the trial court’s summary judgment in favor of San Antonio Police Lieutenant Joseph Salvaggio affirming the hearing examiner’s award overturning Salvaggio’s indefinite suspension and reinstating him to his former position. We affirm the trial court’s judgment. 1 The Honorable Richard E. Price, presiding judge of the 285th Judicial District Court, Bexar Count... More...   $0 (11-20-2013 - TX)

In the Matter of the Estate of Yoko Perry, Deceased. C. P., an adult individual, Appellant, v. GABE BERNSTEIN, Personal Representative of the Estate of

2 Plaintiff appeals a general judgment in three consolidated cases and a
3 supplemental judgment for attorney fees and costs entered in favor of the personal
4 representative of the estate of plaintiff's father, Brian Perry, and the personal
5 representative of the estate of his father's wife, Yoko Perry. Plaintiff filed a claim against
6 both estates and a separate tort claim agai... More...
   $0 (11-20-2013 - OR)

Mark D. Volpei v. County of ventura

An employee is a member of a union whose collective bargaining agreement provides that the union may submit a grievance to arbitration. Here we conclude that this provision does not preclude the employee with a statutory grievance against his employer from filing a judicial action.

The County of Ventura (County) appeals from an order denying its petition to compel arbitration of Mark D. Vol... More...
   $0 (11-07-2013 - CA)

In the Matter of the Marriage of Debbie Brown and David Gabriel Chavez

Appellant, David Gabriel Chavez, appeals from the judgment of the trial court denying Chavez’s request for arbitration; finding a premarital agreement valid; and, ultimately, awarding nearly all of the property to appellee, Debbie Brown. We will affirm the judgment of the trial court.

Factual and Procedural Background

The parties were married on July 29, 2006. According to Brown, t... More...
   $0 (11-07-2013 - TX)

Joel R. Kruger v. Harriet Kruger

Joel R. Kruger, the plaintiff below, appeals from an order dismissing with prejudice his claims against the defendant below, Harriet Kruger, for failure to

2

timely file an amended complaint. Finding no record basis to support this sanction, we reverse. See Hunter v. Montalvo, 661 So. 2d 123, 124 (Fla. 3d DCA 1995) (finding that the trial court abused its discretion in dismissing the... More...
   $0 (11-06-2013 - FL)

Tramel R. Bracey v. City of Killeen, Texas; and Police Chief Dennis Baldwin

This appeal presents two sets of issues regarding statutes that govern the employment relationship between Texas police officers and the municipalities they serve. First, we must address the scope of the subject-matter jurisdiction that the Legislature has conferred upon Texas courts to review the decisions of independent hearing examiners under the Civil Service Act.1 Second, assuming we determin... More...   $0 (11-06-2013 - TX)

Midland Property Partners, LLC v. Richard Watkins

Appellant Richard C. Watkins appeals from a judgment entered by the Circuit Court of Jackson County in favor of Midland Property Partners, LLC, Gary Jenkins, the Mark Horstmann Revocable Trust, and the Betty Horstmann Revocable Trust (collectively, "Respondents"). This litigation arose after Respondents each filed suit against Appellant for breach of promissory note. For the following reasons, the... More...   $0 (11-05-2013 - MO)

Midland Property Partners, LLC v. Richard Watkins

Appellant Richard C. Watkins appeals from a judgment entered by the Circuit Court of Jackson County in favor of Midland Property Partners, LLC, Gary Jenkins, the Mark Horstmann Revocable Trust, and the Betty Horstmann Revocable Trust (collectively, "Respondents"). This litigation arose after Respondents each filed suit against Appellant for breach of promissory note. For the following reasons, the... More...   $0 (11-05-2013 - MO)

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