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Arbitration Law
 
Virgil Jensen v. U-Haul Company of California

In this tort action, plaintiffs and respondents Virgil Jensen and Glenda Jensen
contend that they suffered damages caused by a negligently maintained rental truck,
which blew a tire while Virgil Jensen was driving it. Defendant and appellant U-Haul
Co. of California (UHCA) appeals from the trial court’s denial of its motion to compel
1
arbitration. UHCA contends that plaintiffs... More...
   $0 (12-11-2017 - CA)

Optional Capital , Inc. v. Akin Gump Straus, Hauer and Feld, LLP

Optional Capital, Inc. (Optional or Plaintiff) sued
various entities and individuals, including DAS Corporation
(DAS) and its counsel—Akin Gump Straus Hauer & Feld
LLP (Akin) and Parker Shumaker Mills LLP, David Parker
and William Mills (collectively, Parker) (collectively with
Akin, Defendants)—for conversion and fraudulent transfer.
Plaintiff sought to recover from Defend... More...
   $0 (12-08-2017 - CA)

Saul M. Kaufman and J.G. Goodman v. American Express Travel Related Services Company, Inc. Seventh Circuit Court of Appeals Courthouse - Chicago, Illinois

aul Kaufman, as lead plaintiff in a
class action, sued American Express Travel Related Services
2 No. 16‐1691
Company, Inc. (“Amex”), alleging claims for breach of contract,
unjust enrichment, and statutory fraud related to
Amex’s general‐use, prepaid gift cards. Just over two years
after Kaufman filed the class action, Kaufman (on behalf of
the class) and A... More...
   $0 (12-07-2017 - IL)

State Farm General Insurance Company v. Watts Regulator Co.

A nonprofit organization (Arbitration Forums, Inc. or AF)
provides arbitration services for insurers and self-insured
companies who become members of AF by signing its “Property
Subrogation Arbitration Agreement” (the AF arbitration
agreement). Plaintiff State Farm General Insurance Company
and defendant Watts Regulator Company are members of AF
that signed the AF arbitrati... More...
   $0 (12-03-2017 - CA)

City of Fontana v. California Department of Tax and Fee Administration, City of Ontario, Real Parties in Interest

If a municipality imposes a sales tax, the State Board of Equalization (Board or
BOE) has the statutory authority to collect and then remit the tax back to the
municipality. But what if more than one municipality claim that the taxable sale occurred
within its jurisdiction? Included in the Board’s authority is the power to determine where
sales of personal property occur, and the c... More...
   $0 (11-28-2017 - CA)

Malissa Julian v. Glenair, Inc.

Appellant Glenair, Inc., challenges the denial of its motion to
compel arbitration of respondents’ claim under the Labor
Code Private Attorneys General Act of 2004 (PAGA; Lab.
Code, § 2698 et seq.). Glenair contends an agreement
respondents executed during their employment with the
company was an enforceable postdispute agreement
obligating them to arbitrate the claim. We h... More...
   $0 (11-28-2017 - CA)

Citizens of Humanity v. Applied Underwriters, Inc.

Defendants and appellants Applied Underwriters, Inc.
(Applied Underwriters), California Insurance Company (CIC),
Continental Indemnity Company (CNI), Applied Risk Services,
Inc., Joan Sheppard, Westin Fredrick Penfield, and Michael Scott
Wichman (collectively, defendants) appeal from an order denying
their petition to compel arbitration of a dispute with plaintiffs
and resp... More...
   $0 (11-26-2017 - CA)

Francisco Diaz v. Professional Community Management, Inc.

A “sharp practice” is defined as a “dealing in which advantage is taken or
sought unscrupulously.” (Webster’s 3d New Internat. Dict. (2002) p. 2088.) This is an
appeal borne of sharp practices.
Defendant Professional Community Management, Inc. (PCM), unilaterally
orchestrated the issuance of an appealable order by: (1) applying ex parte, a mere 11 days
before trial, for an orde... More...
   $0 (11-09-2017 - CA)

Jason Cannon v. Bodensteiner Implement Company, et al. Iowa Supreme Court

An independent contractor providing liquid manure disposal
services purchased a used Case IH tractor from a John Deere implement
dealer. When the tractor proved to be a “lemon,” the contractor brought
claims against multiple parties, including the implement dealer. The
trial court granted all of the defendants’ motions for summary judgment.
The contractor appealed and we transf... More...
   $0 (11-08-2017 - IA)

Thomas Rael v. Smith's Food and Drug Centers, Inc. Tenth Circuit Court of Appeals Courthouse - Denver, Colorado

Thomas Rael appeals the district court’s dismissal of his state law tort claims
as preempted by § 301 of the Labor Management Relations Act (“LMRA”),
29 U.S.C. § 185(a). Exercising jurisdiction under 28 U.S.C. § 1291, we affirm.
2
I. Factual Background
Rael worked for Smith’s Food and Drug Centers as a meat cutter for 25 years
until he resigned in December 2014. The terms o... More...
   $0 (11-07-2017 - CO)

SJ Spero and Associates, P.C. v. Barbara Fain Davis and Lance Davis

Appellant SJ Spero & Associates, P.C. (“Spero”) appeals from the trial court’s order setting aside a default judgment granted in favor of Spero and dismissing Spero’s claims against appellees Barbara Fain Davis and Lance Davis (together, “the Davises”). In its first issue, Spero argues the trial court erred in setting aside the default judgment because there was no finding that the Davises were no... More...   $0 (11-05-2017 - TX)

Troy Flowers v. Financial Industry Regulatory Authority, Inc.

In the period between 2000 and 2001, plaintiff and appellant Troy Flowers's
application for a securities sales license was rejected by Ohio state officials because they
found that he was "not of 'good business repute.' " In addition, Flowers was subjected to
discipline by securities regulators with respect to his violation of securities laws and
2
regulations and his failure t... More...
   $0 (11-05-2017 - CA)

Arthur Clemens, Jr. v. Centurylink, Inc. and QWest Corporation Ninth Circuit Court of Appeals Courthouse - San Francisco, California

Arthur Clemens, Jr., sued his employer Qwest Corporation (“Qwest”) for Title VII violations. A jury awarded damages for back pay and emotional distress, as well as punitive damages. On appeal, Clemens challenges the district court’s refusal to consider adjusting his lump-sum back-pay award to account for the corresponding increase in his tax liability. We have jurisdiction under 28 U.S.C. § 1291. ... More...   $0 (11-03-2017 - WA)

Antony Lee Turbeville v. Financial Industry Regulatory Authority Eleventh Circuit Court of Appeals - Elbert P. Tuttle Federal Courthouse - Atlanta, Georgia

Before us is the District Court’s dismissal of Antony Turbeville’s complaint
against the Financial Industry Regulatory Authority (“FINRA”) and its denial of
Turbeville’s motion to remand the case to Florida state court. We affirm both.
I.
A.
The Securities Exchange Act of 1934 (“Exchange Act”) provides that
persons who wish to use any instrumentality of interstate commerce ... More...
   $0 (11-01-2017 - FL)

Maya Baxter v. Genworth North America Corporation

Plaintiff Maya Baxter sued her former employer, defendant Genworth North
America Corporation (Genworth), for wrongful termination and related causes of action
arising out of her employment. Genworth moved to compel arbitration of the dispute.
On appeal from an order denying its motion to compel arbitration, Genworth contends the
trial court erred in concluding the arbitration agree... More...
   $0 (10-29-2017 - CA)

City of West Hollywood v. Anne Kihagi

Anne Kihagi, 1263 North Crescent, LLC, and Aquat
009, LLC (collectively Kihagi) appeals the trial court
judgment in favor of City of West Hollywood (City) finding
that Kihagi violated her settlement agreement with the City
and permanently enjoining her from terminating tenancies
at 1263–1267-1/2 North Crescent Heights Boulevard in West
Hollywood. The trial court also awarde... More...
   $0 (10-28-2017 - CA)

City of West Hollywood v. Anne Kihagi

Anne Kihagi, 1263 North Crescent, LLC, and Aquat
009, LLC (collectively Kihagi) appeals the trial court
judgment in favor of City of West Hollywood (City) finding
that Kihagi violated her settlement agreement with the City
and permanently enjoining her from terminating tenancies
at 1263–1267-1/2 North Crescent Heights Boulevard in West
Hollywood. The trial court also awarde... More...
   $0 (10-27-2017 - CA)

George Melendez v. San Francisco Baseball Associates, LLC

Defendant San Francisco Baseball Associates LLC (the Giants)1
appeals from the
denial of its motion to compel arbitration of the wage and hour claims of plaintiff George
Melendez.2
Plaintiff, a security guard employed by the Giants at AT&T Park, contends
that he and other security guards were employed “intermittingly” for specific job
assignments (baseball games or other ev... More...
   $0 (10-18-2017 - CA)

Coletta Kim Benell v. The National Labor Relations Board and Babcock & Wilcox Construction Co., Inc. Ninth Circuit Court of Appeals Courthouse - San Francisco, California

The central issue on appeal is whether the National
Labor Relations Board (the “NLRB” or “Board”) properly
determined that a new standard for deferring to arbitral
decisions, which was developed by the Board in the
underlying case, should only be applied prospectively. As a
result of the prospective application of the new standard,
Petitioner Coletta Kim Beneli’s unfair lab... More...
   $0 (10-17-2017 - CA)

Mathodist Healthcare System, Ltd., L.L.P. v. Nancy Friesenhahn Bexar County Courthouse - San Antonio, Texas

Methodist Healthcare System, LTD., LLP appeals the trial court’s judgment confirming an arbitration award. Methodist first argues the parties’ arbitration agreement expanded judicial review of the arbitration award as permitted by Nafta Traders, Inc. v. Quinn, 339 S.W.3d 84 (Tex. 2011). Methodist further argues the trial court erred in confirming the arbitration award under the expanded judicial r... More...   $0 (10-11-2017 - TX)

Fundamental Administrative Services, LLC v. Seth T. Cohen Tenth Circuit Court of Appeals Courthouse - Denver, Colorado

Fundamental Administrative Services, LLC, and Fundamental Clinical Consulting,
LLC (collectively, “Fundamental”), appeal from a district court order that dismissed their
complaint to compel arbitration. Exercising jurisdiction under 28 U.S.C. § 1291, we
affirm.
2
BACKGROUND
In January 2014, Tessie Hammann was admitted to the Casa Arena Blanca
Nursing Center in New Mexic... More...
   $0 (10-03-2017 - NM)

Carmen Consolino v. Brian Towne, et al. Seventh Circuit Court of Appeals Courtroom - Chicago, Illinois

Carmen Consolino, an employee of
the Cook County Sheriff’s Office, sued Sheriff Thomas Dart,
Chief of Staff Brian Towne and Compliance Officer Robert
Egan for retaliation based on speech, in violation of 42 U.S.C.
2 No. 16-3681
§ 1983. The district court granted summary judgment in favor
of the defendants and we affirm.
I.
Consolino works for the Sheriff’s Office as... More...
   $0 (10-02-2017 - IL)

Premium Plastics Supply, Inc, Reginald Barham and Carol Barham v. Thomas Howell and Laura Howell Harris County Courthouse - Houston, Texas

This case involves a trial court proceeding to confirm an arbitration award in a commercial landlord-tenant dispute. Landlords Thomas and Laura Howell, appellees here, filed suit in the trial court to confirm an arbitration award in their favor against their former tenants, appellants Premium Plastics Supply, Inc. and
2
Reginald and Carol Barham. After the Howells moved for summary judgmen... More...
   $0 (10-02-2017 - TX)

Thomas Larsen v. Citibank, FSB Southern District of Florida Federal Courthouse - Miami, Florida

Plaintiff David Johnson filed a putative class-action suit against Defendant KeyBank National Association in 2010, alleging that KeyBank improperly manipulated the order of debit card transactions in customer accounts in order to maximize collection of overdraft fees. This appeal relates not to the substance of Johnson’s suit but to the enforceability of an arbitration provision contained in the a... More...   $0 (10-01-2017 - FL)

Sargon Enterprises, Inc. v. Browne George Ross, LLP

Respondent Browne George Ross LLP (BGR) represented
appellant Sargon Enterprises Inc. (Sargon) in long-running
litigation against the University of Southern California (USC).
After that litigation concluded, Sargon filed the present legal
malpractice action against BGR. BGR petitioned to compel
arbitration, and the superior court granted the petition and
ordered the parties... More...
   $0 (09-27-2017 - CA)

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