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Arbitration Law
 
Ace Cash Express, Inc. v. Courtney Cox

Cox was employed by ACE as a “Center Manager.” As part of her “new-hire
paperwork,” Cox signed an arbitration agreement dated February 7, 2012.1 The agreement stated
in a footnote that “[t]his Arbitration Agreement is effective December 1, 2011, and it replaces or
modifies, as applicable, any previous dispute resolution agreements or arbitration agreements in
effect prior to De... More...
   $0 (10-02-2016 - TX)

RACHEL K. PLATT v. KANSAS STATE UNIVERSITY

At the outset, we acknowledge that when a district court has granted a motion to dismiss, "an appellate court must accept the facts alleged by the plaintiff as true, along with any inferences that can reasonably be drawn therefrom." Cohen v. Battaglia, 296 Kan. 542, 546, 293 P.3d 752 (2013). Accordingly, the following facts are those asserted by Platt in her district court petition.
Platt wa... More...
   $0 (09-23-2016 - KS)

Gretchen Carlson v. Roger Ailes

New York, NY - Gretchen Carlson Settles Sexual Harassment Claims Against Roger Ailes

Former Fox News anchor sued former Fox News Executive Roger Ailes on an employment discrimination theory under 42 U.S.C. 2000e claiming that he created a hostile work environment by sexually harassing her at Fox News claiming that she was repeatedly sexually harassed by him and demoted when she refused ... More...
   $20000000 (09-07-2016 - NY)

Federated Capital Corp. DBA Federated Financial Corp. of American

¶ 1 In 2005, Appellees signed credit card agreements with Federated Capital Corporation‘s predecessor-in-interest, Advanta Bank Corporation. The agreements included a forum selection clause and choice of law provision, ensuring that Utah procedural and substantive law would govern any dispute under the contract. The agreements required Appellees to render payment to the address specified on their ... More...   $0 (09-06-2016 - )

Rueli v. Baystate Health, Inc.

Plaintiffs are a putative class
of unionized nurses who sued their employer in state court for
unpaid wages and overtime pay for work performed outside their
approved shifts. Their employer removed the case to federal court,
citing the doctrine of complete preemption, under which claims
requiring interpretation of a collective bargaining agreement
("CBA") are reclass... More...
   $0 (08-23-2016 - MA)

Wyatt Krager v. David Stanley of Norman

Norman, OK - Wyatt Krager sued David Stanley of Norman on a fraud theory claiming that he was defrauded by the Defendant's employees' tortious and fraudulent conduct in the execution of a transaction for the purchase of a used motor vehicle. He claimed that on August 21, 2015, he visited the Defendant's dealership in Norman, Oklahoma and picked out a used 2013 Chevrolet Malibu and paid $5,000 in c... More...   $1 (08-11-2016 - OK)

Pondersosa Pine Energy, LLC, Nixon Peabody, LLP, and Shannon, Gracey, Ratliff & Miller, LLP v. Illinova Generating Company n/k/a Illinova Corporation

Illinova and other entities (the Sellers) sold their interests in a power plant to Enron North
America Corp. pursuant to a Purchase Agreement. Enron subsequently assigned its rights under
the Purchase Agreement to Ponderosa. Ponderosa borrowed over $200 million from eight banks
to finance the purchase.
When a dispute arose between Ponderosa and the Sellers, Ponderosa invoked... More...
   $0 (07-19-2016 - TX)

Alberta Graf v. State Farm Mutual Automobile Insurance Company

Alberta Graf was injured when the car she was driving was struck from
behind by an underinsured motorist. She claimed uninsured/underinsured motorist
(UM/UIM) coverage and medical payments coverage under two separate State
Farm Mutual Automobile Insurance Company policies. Graf and State Farm
agreed to arbitrate the amount of damages caused by the accident, but to leave to More...
   $0 (07-14-2016 - ME)

Gregory W. Smith and Stephanie Smith v. D.R. Horton, Inc., Tom's Vinyl Siding, LLC, Lutzen Construction, Inc., Boozer Lumber Company, All American Roofing, Inc., Myers Landscaping, Inc., Defendants

D.R. Horton is a corporation specializing in residential construction. In March 2005, the Smiths entered into a home purchase agreement (the Agreement) with D.R. Horton for the design and construction of a new home in Summerville, South Carolina. The Agreement is organized into numbered paragraphs and lettered subparagraphs, and sets forth the various responsibilities of the parties prior to and ... More...   $0 (07-09-2016 - SC)

RSL FUNDING, LLC v. CHEVEZE D. PIPPINS, DANIEL P. MORRIS, DONNA M. O'BRIEN, METROPOLITAN LIFE INSURANCE COMPANY, METLIFE INSURANCE COMPANY OF CONNECTICUT AND METLIFE INVESTORS USA INSURANCE CO.

The trial court and appellate decisions underlying this interlocutory appeal predate, but
implicate, our decision in Kennedy Hodges, L.L.P. v. Gobellan, 433 S.W.3d 542 (Tex. 2014). There
we said that “a party who litigate[s] one claim with an opponent d[oes] not substantially invoke the
litigation process for a related yet distinct claim against another party with whom it had an arbit... More...
   $0 (07-02-2016 - TX)

State of Missouri ex rel. Attorney General Chris Koster and the Missouri Petroleum Storage Tank Insurance Fund Board of Directors vs. ConocoPhillips Company and Phillips 66 Company, and Cory Wagoner

On April 23, 2013, the Board filed suit against Phillips alleging that Phillips
improperly obtained reimbursement from the Fund. Wagoner moved to intervene as a
matter of right and, with that motion, Wagoner tendered a motion to dismiss the Board’s
suit for the court’s consideration should intervention be granted. On November 13, 2014,
the trial court entered an interlocutory... More...
   $0 (06-28-2016 - MO)

Antonio Oliver v. Philip Morris USA Inc.

Appellant and relator Anthony Oliver brings this qui tam action alleging that Appellee Philip Morris USA violated the False Claims Act (“FCA”), 31 U.S.C. §§ 3729-3733 (2006),1 by charging the Navy Exchange Service Command (“NEXCOM”) and the Army and Air Force Exchange Service (“AAFES”) prices for cigarettes that violated the terms of their contracts. The District Court concluded that it lacked ju... More...   $0 (06-22-2016 - DC)

THE KENTUCKY SHAKESPEARE FESTIVAL V. BRANTLEY DUNAWAY

In May 2011, KSF, a nonprofit theatrical organization, hired Brantley
Dunaway to serve as its director. KSF and Dunaway entered into an
Employment Agreement which provided Dunaway with an annual salary to be
supplemented with bonus payments each fiscal year if certain revenue
increases were achieved. Two years later, amid accusations of impropriety,
KSF terminated Dunaway'... More...
   $0 (06-20-2016 - KY)

Sassan K. Moghadam Properties v. Certain Underwriters At Lloyds Long Subscribing to POlicy No. K15LS00210

Norman, OK - Sassan K. Moghadam Properties sued Certain Underwriters At Lloyds Long Subscribing to Policy No. K15LS00210 on a bad faith breach on insurance contact theory. Plaintiff alleged:

COMES NOW the plaintiff assured, Sassan K. Moghadam Properties and any subsidiary, associated or allied company, corporation, firm, organization, and the Assured's interest in any partnership orjoint ... More...
   $1 (06-09-2016 - OK)

Dicky Neal Williams and Kenna Renee Williams v. 4 Corners Construction Company

Norman, OK - Dicky Neal Williams and Kenna Renee Williams sued 4 Corners Construction Company on a negligence theory claiming that Defendant negligently graded and constructed Plaintiff's home in such a manner that allowed water to flow into the home and in a way that was unworkmanlike and against the standards of the industry.

4 Corners filed a motion of compel arbitration.... More...
   $0 (06-03-2016 - OK)

Jacob Lewis v. Epic Systems Corporation

Epic Systems, a health care software
company, required certain groups of employees to agree to
bring any wage-and-hour claims against the company only
through individual arbitration. The agreement did not permit
* Of the Northern District of Illinois, sitting by designation.
2 No. 15-2997
collective arbitration or collective action in any other forum.
We conclude that... More...
   $0 (05-27-2016 - WI)

Brandon Green v. Chesapeake Energy Corporation

Alva, OK - Brandon Green v. Chesapeake Energy Corporation

Issues

1. DAMAGES-FOR AN AMT $10,001.00 OR MORE

Docket
Date Code Description Count Party Amount
05-09-2016

FILE & ENTER PETITION

Document Available (#CC16051000000001) Download document in TIFF format.TIFF Download document in PDF format.PDF
$ 163.00

More...
   $0 (05-09-2016 - OK)

Assoc. of American Railroads v. Department of Transportation

With the Rail Passenger Service Act of 1970, Congress created Amtrak, a for-profit corporation indirectly controlled by the President of the United States. This public venture into private enterprise was, and remains, unprecedented. With the Passenger Rail Investment and Improvement Act of 2008 (PRIIA), Congress piled anomaly on top of anomaly. See 122 Stat. 4907. It endowed this wholly unique ... More...   $0 (05-02-2016 - DC)

Maureen Cain v. Aquidneck Consultnig Engineers, LLC Alias ABC LLC

Maureen Cain (Plaintiff) is a resident of the Town of Portsmouth, Rhode Island.
Sometime in 2008 or 2009, she decided to build a new house located at 29 Beach Street,
Portsmouth, Rhode Island. In 2009, to assist her on that project, she hired ACE to design the
foundation of the home. ACE is a structural engineering firm that is located in Newport, Rhode
Island. Pursuant to ... More...
   $0 (04-30-2016 - RI)

Kennedy Tank & Mfg. Co., Inc., and Hemlock Semiconductor Corp., and Hemlock Semiconductor, LLC v. Emmert Industrial Corporation, d/b/a Emmert International

In April 2011, Kennedy hired Emmert International to transport a piece of
commercial equipment 280 feet long and weighing 360,000 pounds from
Indiana to Tennessee. It agreed to pay Emmert about $200,000 plus additional
expenses Emmert might incur during the move. Emmert encountered a
number of unforeseeable problems that caused delays and additional expenses
of almost $7... More...
   $0 (04-25-2016 - IN)

Joseph Lemerise v. The Commerce Insurance Company

There is no serious dispute about the underlying facts of this case. In August 2011,
plaintiff was a pedestrian in a crosswalk in Newport when he was struck by a vehicle operated by
an uninsured motorist. At the time, plaintiff was an insured under his mother’s automobile
insurance policy, pursuant to the terms of which he made a claim for uninsured-motorist
coverage for his ... More...
   $0 (04-16-2016 - RI)

Chesapeake Appalachia LLC v. Scout Petroleum

In 2008, Chesapeake entered into various oil and gas leases with landowners in several northeastern Pennsylvania counties. Chesapeake is the “Lessee,” and the “Lessor” is (or originally was) the respective landowner, e.g., “[t]his Lease made this 10th day of January, 2008, by and between: William D. Bergey and Joanne M. Bergey, husband and wife . . . hereinafter collectively called ‘Lessor’ and ... More...   $0 (04-03-2016 - PA)

Wells Fargo Bank, NA v. Apache Tribe of Oklahoma

This is the second appeal in this matter (Oklahoma County District Court case no. CJ-2011-3545) from orders confirming arbitration awards. In June 2008, the Apache Tribe of Oklahoma (Tribe) and Wells Fargo National Association (Bank) entered into a loan agreement (agreement) wherein Bank loaned Tribe $4,365,000.00. The agreement contains a waiver of sovereign immunity and provides for arbitration ... More...   $0 (03-27-2016 - OK)

Quarles v. Courtyard Gardens Health and Rehabilitation LLC

The record reflects that Bennie Jean Quarles, the decedent, was a resident of
Courtyard Gardens, a long-term-care facility in Arkadelphia, from June 2009 to March
2010, when she transferred to another nursing home. On June 4, 2010, Bennie Jean
purportedly executed a durable power of attorney in favor of her son, Kenny Quarles. On
January 27, 2011, Kenny, as “Power of Attorne... More...
   $0 (03-26-2016 - AR)

IOWA INDIVIDUAL HEALTH BENEFIT REINSURANCE ASSOCIATION vs. STATE UNIVERSITY OF IOWA, IOWA STATE UNIVERSITY OF SCIENCE AND TECHNOLOGY, and UNIVERSITY OF NORTHERN IOWA

This appeal involves two statutes addressing access to health insurance, specifically high-risk policies for individuals with preexisting medical conditions. An overview of this legislation provides context for the issues on appeal. In 1986, the legislature enacted Iowa Code chapter 514E, which created the Iowa Comprehensive Health Insurance Association (ICHIA). See 1986 Iowa Acts ch. 1156, § 2... More...   $0 (03-18-2016 - IA)

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