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Arbitration Law
 
Super Starr International, LLC, Lance Peterson, and Red Starr, SPR de RL de CV v. Fresh Tex Produce, LLC, Individually and Derivatively on behalf of Tex Starr Distributing, LLC, and Kemal Mert Gumus

This appeal concerns an arbitration agreement. Appellants Lance Peterson and his two companies Super Starr International, LLC (the Importer) and Red Starr, SPR de
2
RL de CV (the Grower) grow papayas. Appellants collaborated with appellee Fresh Tex Produce, LLC (Fresh Tex) to distribute the papayas in the United States. Together, appellants and Fresh Tex formed a separate company for distr... More...
   $0 (09-24-2017 - TX)

Vallejo Police Officers Association v. City of Vallejo

The Vallejo Police Officers Association (VPOA) petitioned the superior court for
a writ of mandate alleging that the City of Vallejo (City) engaged in bad-faith bargaining
in violation of state law and then unilaterally imposed contract terms that impaired
VPOA members’ vested rights to retiree medical benefits that covered insurance
premiums up to the full cost of a Kaiser health ... More...
   $0 (09-24-2017 - CA)

Alice Lawson and Jeanie Dell Collins Carr v. Ernest Boyd Collins and Ella Elizabeth Collins Travis County Courthouse - Austin, Texas

In this consolidated appeal Alice Lawson (Alice) challenges the probate court’s
judgment confirming an arbitration award resolving her will contest, and Jeanie Dell Collins Carr
(Jeanie) challenges the court’s adverse summary judgment in her separate will contest.1 See Tex.
Est. Code § 32.001(c) (final order issued by probate court is appealable to court of appeals). As
urged by Er... More...
   $0 (09-23-2017 - TX)

Sharp Image Gaming, Inc. v. Shingle Springs Band of Miwok Indians

In this case, we reverse a judgment related to contractual claims that are
preempted by the Indian Gaming Regulatory Act (IGRA).
Defendant Shingle Springs Band of Miwok Indians (the Tribe) appeals from a
judgment after trial in favor of plaintiff Sharp Image Gaming, Inc. (Sharp Image), in
plaintiff’s breach of contract action stemming from a deal to develop a casino on the
Trib... More...
   $0 (09-16-2017 - CA)

SPILLER MCPROUD V. CHARLES SILLER Ninth Circuit Court of Appeals - San Francisco, California

We address the bankruptcy code’s provision on claims for
pre-petition attorneys’ fees, 11 U.S.C. § 502(b)(4).
FACTS
Charles Siller has been litigating with his brothers over
his interest in the family business since 1982. The family
business, Siller Brothers, Inc., held among its assets some 500
pieces of real estate, and Siller owned 40% of the stock. By
2001, Siller B... More...
   $0 (09-15-2017 - CA)

James Dever v. David L. Ward Supreme Court of Massachusetts - Boston, Massachusetts

The plaintiff, James Dever, appeals from an
order allowing the defendants' special motion to dismiss his
amended complaint under the "anti-SLAPP" statute. See G. L.
1 Daniel Rabinovitz; Michaels, Ward & Rabinovitz, LLP;
Daniel Michael Joyce; Moors & Cabot Investments, Inc.; and Aaron
Foley.
2
c. 231, § 59H, inserted by St. 1994, c. 283, § 1. Although we
conclude tha... More...
   $0 (09-11-2017 - MA)

California Correctional Peace Officers Association v. Department of Corrections and Rehabilitation

The California Correctional Peace Officers Association (the Association) brought
a grievance on behalf of correctional officer Sammie Gardner, alleging a violation of his
rights under the Uniformed Services Employment and Reemployment Rights Act of 1994
(USERRA) (38 U.S.C. §§ 4301 et seq.). The grievance proceeded through the four-step
process set forth in the memorandum of underst... More...
   $0 (09-09-2017 - CA)

Gabriel Cortez v. Doty Bros. Equipment Company

Gabriel Cortez sued his former employer Doty Bros.
Equipment Company for Labor Code and wage and hour
violations on behalf of himself and a putative class of employees
and former employees. Cortez’s complaint included a related
representative claim under the Labor Code Private Attorneys
General Act of 2004 (PAGA) (Lab. Code, § 2698 et seq.). On
September 19, 2014 the superi... More...
   $0 (09-02-2017 - CA)

BRE DDR BR Whittwood CA, LLC v. Farmers and Merchants Bank of Long Beach

When a shopping center tenant defaulted on a secured
loan, the lender took possession of the premises through
foreclosure and transferred its interest to a third party.
Later, the third party surrendered the premises. The
landlord filed this action against the lender to enforce the
lease obligations, including payment of rent for the full lease
term. The trial court granted... More...
   $0 (08-30-2017 - CA)

G. T. Leach Builders, L. L. C-Residential, G. T. Leach Construction, L. P. and Gary T. Leach v. Sapphire Condominiums Association, Inc.

Appellants G.T. Leach Builders, L.L.C.—Residential (G.T. Leach Builders), G.T.
Leach Construction, L.P., and Gary T. Leach (collectively, G.T. Leach), appeal an order
denying their motion to compel arbitration of appellee Sapphire Condominiums
Association, Inc.’s lawsuit. We affirm.
I. BACKGROUND
Sapphire V.P., L.P. (Sapphire V.P.) was a limited partnership in the business ofMore...
   $0 (08-25-2017 - TX)

One Toyota of Oakland v. Kho

Ken Kho filed a claim for unpaid wages with the California Labor Commissioner
(commissioner) against his former employer, OTO, L.L.C., doing business as One Toyota
of Oakland (hereafter One Toyota). After settlement discussions failed, One Toyota filed
a petition to compel arbitration. Under the arbitration agreement, which One Toyota
required Kho to execute without explanation dur... More...
   $0 (08-23-2017 - CA)

Jessica Parker Valentine and Bryan L. Parker v. Interactive Brokers LLC

Appellants, Jessica Parker Valentine and Bryan L. Parker (the “Parkers”), challenge the trial court’s order granting the motion of appellee, Interactive Brokers LLC (“IB”), to vacate an arbitration award. In two issues, the Parkers contend that the trial court erred in vacating the award.
2
We affirm.
Background
In their Second Amended Statement of Claim, the Parkers, pursuant to t... More...
   $0 (08-22-2017 - TX)

Equal Employment Opportunity Commission v. Union Pacific Railroad Company

Union Pacific Railroad challenges
the legal authority of the Equal Employment Opportunity
Commission to continue an enforcement action after issuing
a right to sue letter and subsequent resolution of the underlying
charges of discrimination in a private lawsuit. The EEOC
petitioned the district court to enforce its subpoena for Union
Pacific’s employment records related to ... More...
   $0 (08-17-2017 - WI)

Mountain Air Enterprises, LLC v. Sundowner Towers, LLC

In this complex real estate purchase transaction, the seller brought a breach
of contract action against the buyers for failing to purchase the subject property.
The defendant buyers asserted an affirmative defense of novation, arguing that
they were not liable under the purchase agreement because it had been superseded
by the parties‟ option agreement; that option agreement ... More...
   $0 (08-06-2017 - CA)

Alfonso Ayala v. Randy Dawson

After living for more than a dozen years in a residential unit he claimed he owned,
Alfonso Ayala was evicted by the property owner, Randy Dawson, in an unlawful
detainer action. Ayala defended by attempting to quash service of summons on the
ground he was not a tenant, but instead held equitable title under an oral installment sale
contract for the purchase of property. Dawson cou... More...
   $0 (08-05-2017 - CA)

Dow Roofing Systems, LLC v. Great Commission Baptist Church and Chamberlin Dallas, LLC f/k/a Chamberlin Dallas, Ltd. d/b/a Chamberlin Roofing and Waterproofing f/k/a Chamberlin Roofing & Waterproofing, Ltd.

COURT OF APPEALS
SECOND DISTRICT OF TEXAS
FORT WORTH
NO. 02-16-00395-CV
DOW ROOFING SYSTEMS, LLC APPELLANT
V.
GREAT COMMISSION BAPTIST APPELLEES
CHURCH AND CHAMBE... More...
   $0 (08-03-2017 - TX)

Lon Smith & Associates, Inc. and A-1 Systems, Inc., d/b/a Lon Smith Roofing and Construction v. Joe Key and Stacci Key

This is an interlocutory appeal from an order certifying a class action.1
Appellants Lon Smith & Associates, Inc. and A-1 Systems, Inc., d/b/a Lon Smith
1
See Tex. Civ. Prac. & Rem. Code Ann. § 51.014(a)(3) (West Supp. 2016).
Roofing and Construction2 raise five issues claiming that the trial court erred by
certifying a class because various class-certificati... More...
   $0 (08-03-2017 - TX)

Richard Esparza v. KS Industries, L.P.

Defendant KS Industries, L.P. appeals from an order denying its motion to compel
arbitration of a dispute with a former employee. The employee contends the lawsuit is a
representative action under the Private Attorneys General Act of 2004 (PAGA). (Lab.
Code, § 2698 et seq.) He argues the trial court properly applied the rule adopted in
Iskanian v. CLS Transportation Los Angeles, LL... More...
   $0 (08-03-2017 - CA)

Sara J. Foster v. Mitsubishi Motors North America, Inc.

¶ 1 Defendant, Mitsubishi Motors North America, Inc. (Mitsubishi), appeals the judgment of
the trial court in favor of plaintiffs, Sara J. Foster, surviving widow of John C. Foster, and
Jacob C. Foster, Nicholas C. Foster, Cody J. Foster, Chad L. Foster, and Ian A. Foster by Sara
J. Foster, their mother and guardian (collectively hereinafter Sara), to enforce an arbitration
award o... More...
   $0 (08-02-2017 - IL)

Talmadge Baker v. Italian Maple Holdings, LLC

Marlene Baker LaBerge, a 73-year-old woman, was a resident and patient of a 24-
hour skilled nursing facility owned by Italian Maple Holdings, LLC dba La Paloma
Healthcare Center (La Paloma). Approximately a week after LaBerge arrived at the
facility, La Paloma's staff presented LaBerge with two arbitration agreements that
Pub?
Yes No
2
included language required by Cod... More...
   $0 (08-02-2017 - CA)

Steven J. Trazaska v. L'Oreal USA, Inc.; L'Oreal, S.A.

Steven J. Trzaska was an in-house patent attorney for
L’Oréal USA, Inc. (“L’Oréal USA”), a cosmetics company.
It fired him, he alleges, for his refusal to violate various
ethical rules that govern the legal profession. He asserts that
this action violated New Jersey employment law, as one
cannot be fired for refusing to violate regulations or public
3
policy at the ins... More...
   $0 (08-01-2017 - NJ)

Talmadge Baker v. Italian Maple Holding, LLC


Marlene Baker LaBerge, a 73-year-old woman, was a resident and patient of a 24-
hour skilled nursing facility owned by Italian Maple Holdings, LLC dba La Paloma
Healthcare Center (La Paloma). Approximately a week after LaBerge arrived at the
facility, La Paloma's staff presented LaBerge with two arbitration agreements that
2
included language required by Code of Civil Proc... More...
   $0 (08-01-2017 - CA)

Los Angeles Unified School District v. Safety National Casualty Corporation

SUMMARY
The question in this case is whether the procedural
provisions of the Federal Arbitration Act (FAA, 9 U.S.C. § 1 et
seq.) apply to a motion to compel arbitration in a California state
court, where the arbitration agreement is governed by the FAA
(because it involves interstate commerce), but the agreement has
no choice-of-law provision, and no provision stating the ... More...
   $0 (07-13-2017 - CA)

Penn Virginia Oil & Gas GP, LLC and Penn Virginia Oil & Gas L.P. v. Alfredo De La Garza, Individually and as next friend for I. D. L. G. and K. D. L. G., minors, and John Paul Adame, Individually and A/N/F for C.A.A., J.P.A., Jr., and J.N.A. Harris County Courthouse - Houston, Texas

In this accelerated interlocutory appeal,1 Penn Virginia Oil & Gas GP, LLC (“Penn GP”) and Penn Virginia Oil & Gas LP (“Penn LP”) (collectively, “Penn Virginia”) appeal from the trial court’s order denying their motion to compel arbitration of personal injury claims asserted by Alfredo De La Garza.2
De La Garza was injured while working for his employer, Nabors Completion & Production Services... More...
   $0 (07-06-2017 - TX)

In the Matter of the Marriage of Carolyn Clark Kennedy and Donald Ray Clark Sr. and Donald Ray Clark Jr.

This appeal is brought by appellants Donald Ray Clark, Sr., and his son, Donald
Ray Clark, Jr., complaining of a judgment entered in favor of appellee Carolyn Clark
Kennedy. We affirm in part and reverse and remand in part.
2
FACTUAL AND PROCEDURAL BACKGROUND
Donald Sr. had four children, including Donald Jr., and they resided at 2511 7th
Street, Galena Park, Texas. In May ... More...
   $0 (07-06-2017 - )

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