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Arbitration Law
 
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)

Elsie Horath v. John Hess

In his first appeal (Case No. D063124), defendant John Hess appeals a judgment entered confirming an arbitration award in favor of plaintiff Elsie Horath in the amount of

2

$366,527.22. On appeal, he argues the trial court erred by entering the judgment because: (1) Horath had stipulated in writing before the arbitration proceeding that she would accept the arbitrator's award or ... More...
   $0 (04-10-2014 - CA)

Robert Bush and Talitha Bush v. Cushing Lumber Co., et al.

PLAINTIFFS’ ORIGINAL PETITION

COMES NOW the Plaintiffs, ROBERT BUSH and TALITHA BUSH, and for their Petition against the Defendants, allege and state as follows:

I.

PARTIES, JURISDICTION AND VENUE

1. Plaintiffs are, and at all times herein mentioned have been, residents of the City of Cushing, Payne County, State of Oklahoma.

2. The damages sought by ... More...
   $0 (04-10-2014 - OK)

Casa Del Mar Association, Inc. v. Gossen Livingston Associates, Inc.

Appellant, Casa del Mar Association, Inc. (“Casa del Mar”), sued appellee, architecture firm Gossen Livingston Associates, Inc. (“GLA”), for services GLA

2

provided during renovation of Casa del Mar’s condominiums.1 GLA moved for summary judgment, arguing that the doctrine of collateral estoppel applied based on a previous arbitration proceeding addressing the same renovati... More...
   $0 (04-10-2014 - TX)

Ernest Mangia v. VIA Metropolitan Transit

Ernest Mungia sued his former employer, VIA Metropolitan Transit, and obtained a default judgment. Four years later, VIA attempted to set aside the default judgment by filing a bill of review and a claim for declaratory relief. The trial court granted VIA’s motion for summary judgment as to both causes of action and awarded attorney’s fees to VIA. In one issue on appeal, Mungia contends the tr... More...   $0 (04-09-2014 - TX)

Randy Howard v. Ferrellgas Partners, L.P.

Everyone knows the Federal Arbitration Act favors arbitration. But before the Act’s heavy hand in favor of arbitration swings into play, the parties themselves must agree to have their disputes arbitrated. While Congress has chosen to preempt state laws that aim to channel disputes into litigation rather than arbitration, even under the FAA it remains a “fundamental principle” that “arbitr... More...   $0 (04-08-2014 - KS)

Terrie M. Sanders v. Board of Trustees of the Mountain Homes School District No. 193

The Board of Trustees of the Mountain Home School District No. 193 (“Board”) appeals the district court’s denial of the Board’s request for attorney fees. This case arose when School District employee Terri Sanders claimed that the Board breached its contract with her by hiring a candidate less qualified than her for a teaching position that Sanders had also applied for. After a jury found... More...   $0 (04-07-2014 - ID)

Amy Imburgia v. DirecTV, Inc.

DIRECTV, Inc. moved to dismiss or stay this class action litigation and to compel arbitration. The superior court denied the motion. DIRECTV argues that the motion should have been granted under the United States Supreme Court’s decision in AT&T Mobility LLC v. Concepcion (2011) 563 U.S. __ [131 S.Ct. 1740] (Concepcion). We conclude that under the terms of the parties’ arbitration agreement, t... More...   $0 (04-07-2014 - CA)

Keith Russell v. Citigroup, Inc.

When Keith Russell accepted a job with Citicorp Credit Services, he agreed to arbitrate “all employment-related disputes” with the company. Does that mean he must arbitrate a case already pending in court when he signed the agreement? We think not.


I. From 2004 to 2009, Russell worked at Citicorp’s call center in Florence, Kentucky. As a condition of employment, he signed a standa... More...
   $0 (04-04-2014 - KY)

Renata Wadsworth v. Allied Professionals Insurance Company, A Risk Retentional Group, Inc.

The federal Liability Risk Retention Act of 1986, 15 U.S.C. § 3901, et seq. (“the LRRA” or “the Act”), contains sweeping preemption language that sharply limits the authority of states to regulate, directly or indirectly, the operation of risk retention groups chartered in another state. Id. § 3902(a). A provision of New York’s insurance law requires that any insurance policy issued in... More...   $0 (04-04-2014 - NY)

In the Matter of the Marriage of Alicia Pierce and Stephen Pierce

Stephen Pierce appeals from the trial court’s entry of a final decree of divorce dissolving his marriage to Alicia Pierce. We affirm.

Background Facts

During their marriage, Stephen and Alicia jointly owned and operated two internet marketing companies: Impulsive Profits, Inc., and Stephen Pierce International, Inc. Alicia filed an original petition for divorce September 7, 2010. S... More...
   $0 (04-03-2014 - TX)

Grand Wireless, Inc. v. Verizon Wireless, Inc.

Grand Wireless, Inc. (“Grand”) brought this action in Massachusetts state court against Verizon Wireless, Inc. (“Verizon”) and Verizon employee Erin McCahill. It alleged a violation of the federal Racketeer Influenced and Corrupt Organizations Act (“RICO”) against Ms. McCahill, as well as several state law claims against both Ms. McCahill and Verizon. The defendants removed the case t... More...   $0 (03-19-2014 - MA)

Anthony H. Noceti v. Rex R. Whorton

In this appeal we conclude that properly noticed plaintiffs who failed to appear for trial because their attorney miscalendared the date—a trial at which the court granted judgment of $0 to the appearing defendant after reviewing the entire file—are not entitled to mandatory relief under Code of Civil Procedure section 473, subdivision (b) (hereafter, section 473(b)). Such a judgment is not a ... More...   $0 (03-18-2014 - CA)

Michael Gaertner d/b/a Michael Gaertner & Associates v. Robert Langhoff

Defendant/appellant Michael Gaertner d/b/a Michael Gaertner & Associates appeals the trial court’s interlocutory order denying his motion to dismiss under section 150.002(e) of the Texas Civil Practice and Remedies Code. We affirm.

2

BACKGROUND

In January 2010, plaintiff/appellee Robert Langhoff was injured after slipping and falling down the stairs of a Fort Bend County his... More...
   $0 (03-18-2014 - TX)

IQ Holdings, Inc., Yohanne Gupta and Saroj Gupta v. Villa D'Este Condominium Owner's Association, Inc. and Lee Blask

The parties to this appeal executed a Rule 11 settlement agreement at mediation in which they agreed, among other things, to (1) execute final settlement

2

documents to be drafted after the conclusion of the mediation and (2) return to the mediator to have her arbitrate, resolve and render a final decision in disputes “regarding the drafting of the [final settlement] agreement and ... More...
   $0 (03-13-2014 - TX)

Susan Ann Sullivan v. Cummins Filtration-Lake Mills a/k/a Cummings, Inc. f/k/a Fleetguard, Inc.

Susan Ann Sullivan appeals the district court ruling of her petition for judicial review. Sullivan claims the workers’ compensation commissioner misapplied the Iowa successive-disability statute, and did not properly summarize the evidence and explain the agency’s decision-making process. Sullivan also claims the commissioner erred by denying her application for alternative medical care. We fi... More...   $0 (03-12-2014 - IA)

Calvin Barton v. House of Raeford Farmers, Inc. d/b/a Columbia Farms

Numerous former employees and some current employees of House of Raeford Farms, Inc., d/b/a Columbia Farms, Inc., (“Columbia Farms”), a chicken processor in Greenville, South Carolina, commenced three separate actions against Columbia Farms, asserting two types of claims: first, for the payment of unpaid wages, withheld in violation of the Fair Labor Standards Act (“FLSA”), 29 U.S.C. § 20... More...   $0 (03-12-2014 - SC)

WCW International, Inc., and Chris Wilmot v. Jerry W. Broussard, Ronnie D. LaBorde, David M. Kernion, David O. Strickland, Craig M. Borel, Kevin J. Roussel, George A. Lowery and Carlos O. Giron

This consolidated appeal concerns a Stock Purchase Agreement (“SPA”) entered into among appellant/cross-appellee WCW International, Inc. (“WCW”),

2

and appellees/cross-appellants Jerry Broussard, Ronnie D. Laborde, David M. Kernion, David O. Strickland, Craig M. Borel, Kevin J. Roussel, George A. Lowery, and Carlos O. Giron. In the SPA, WCW agreed to purchase stock from appel... More...
   $0 (03-04-2014 - TX)

Michael Sanchez v. Carmax Auto Superstores California, L.L.C.

Michael Sanchez filed a complaint for wrongful termination against CarMax Auto Superstores California, LLC (CarMax). The trial court denied CarMax’s motion to compel arbitration, and CarMax appeals. We reverse.

BACKGROUND

Sanchez filed a complaint against CarMax on April 3, 2012, alleging wrongful termination, Labor Code and Business and Professions Code violations, breach of an im... More...
   $0 (03-04-2014 - CA)

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