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Arbitration Law
Conservatorship of the Person and Estate of Louise E. Townsend

In this dispute over title to real property, petitioner and respondent Nationstar Mortgage, successor in interest to Aurora Loan Services, LLC (hereafter, Lender),1 attempts to appeal from a judgment in favor of petitioner Barbara L. Gonzales, as conservator of the person and estate of Louise E. Townsend, following a trial before the Honorable Thomas F. Nuss, a retired superior court judge appoint... More...   $0 (11-17-2014 - CA)

Garden Fresh Restaurant Corporation v. Alicia Moreno

Real party in interest Alicia Moreno sued petitioner Garden Fresh Restaurant Corporation (Garden Fresh), her former employer, for claims related to a variety of alleged Labor Code violations. Moreno filed the action as a putative class action, and also pursued representative relief under the Private Attorney General Act of 2004 (PAGA) (Lab. Code, § 2698 et seq.).
Garden Fresh moved to compel ... More...
   $0 (11-17-2014 - CA)

Willis v. Prime Healthcare Services

Defendant, Prime Healthcare Services, Inc., appeals from a December 16, 2013 order denying its petition to compel arbitration and strike class claims. Plaintiff, Maucabrina Willis, cross-appeals from a December 16, 2013 order denying her Code of Civil Procedure section 128.71 sanctions motion. Plaintiff and defendant are subject to both individual and collective bargaining agreements. Defendant ar... More...   $0 (11-15-2014 - CA)

David S. Karton v. Dougherty

David S. Karton, A Law Corporation (Karton) sued its former client, William Russell Dougherty, for unpaid fees and costs. In 1999, Karton obtained a default judgment against Dougherty in the amount of $86,676.88, including an award of attorney fees pursuant to the parties’ retainer agreement. Karton thereafter pursued enforcement of the judgment and obtained awards of the attorney fees incurred ... More...   $0 (11-14-2014 - CA)

Overstock.com, Inc. v. Goldman Sachs & Co.

Often, it is the federal courts, applying federal law, that wrestle with claims of cross-state securities fraud involving a nationally-listed stock. Here, plaintiffs of various states allege defendants, securities firms headquartered on the East Coast, violated California and New Jersey law through their involvement in massive naked short selling of Overstock shares. The trial court sustained demu... More...   $0 (11-13-2014 - CA)

Brandon Alberts, et al. v. The Board of County Commissioners of Jefferson County, Colorado, et al.

Current and former employees (Employees) of the Jefferson County Sheriff’s
Office (County) brought a collective action under the Fair Labor Standards Act (FLSA),
alleging they were paid overtime at a lower rate than required by the statute during 2010,
2011, and 2012. The district court granted the County’s motion to dismiss the
Employees’ Third Amended Complaint and the Empl... More...
   $0 (11-13-2014 - CO)

Sunsplash Events, Inc. v. Pedro Robles

The defendants appeal from the circuit court’s order denying their motion to compel arbitration of the plaintiff’s claims arising from the parties’ bill of sale agreement. The defendants argue that an arbitration clause contained in the parties’ separate employment agreement was broad enough to encompass claims arising from the bill of sale agreement. We agree with the defendants and rever... More...   $0 (11-12-2014 - FL)

State of Oklahoma v. Tiger Hobia

We once again address the subject of Indian gaming and, following the lead
of the Supreme Court’s recent decision in Michigan v. Bay Mills Indian Cmty.,
134 S.Ct. 2024 (2014), emphasize that any federal cause of action brought
pursuant to 25 U.S.C. § 2710(d)(7)(A)(ii) of the Indian Gaming Regulatory Act
(IGRA) to enjoin class III gaming activity must allege and ultimately establ... More...
   $0 (11-10-2014 - OK)

Visiting Nurse Association of Florida, Inc. v. Jupiter Medical Center, Inc.

Visiting Nurse Association of Florida, Inc., seeks review of the decision of the Fourth District Court of Appeal in Jupiter Medical Center, Inc. v. Visiting Nurse Ass’n of Florida, Inc., 72 So. 3d 184 (Fla. 4th DCA 2011), on the ground that it expressly and directly conflicts with a decision of the Fifth District Court of Appeal in Commercial Interiors Corp. of Boca Raton v. Pinkerton & Laws, In... More...   $0 (11-06-2014 - FL)

Gorsuch, Ltd. v. Wells Fargo National Bank Association

In 2008, Wells Fargo extended a $14 million line of credit to Gorsuch, Ltd., a ski
equipment, apparel, and home furnishing company. In 2009, when Gorsuch, Ltd.’s
winter sales were lower than expected, Wells Fargo suspended the line of credit.
Gorsuch, Ltd. and the Gorsuch Entities—Gorsuch, Ltd., B.C.; Gorsuch, Limited at
Aspen; Gorsuch, Limited at Keystone Mountain; and Gorsuch... More...
   $0 (11-04-2014 - CO)

Doug Crownover and Karen Crownover v. Mid-Continent Casualty Company

Doug and Karen Crownover contracted with Arrow Development, Inc. (“Arrow”) to construct a house for them. Arrow performed defective work and then failed promptly to correct the work. The Crownovers spent a significant amount of money paying to correct the work themselves. An arbitrator found Arrow liable to the Crownovers for breaching its express warranty to repair non-conforming work and awa... More...   $0 (10-29-2014 - TX)

Wayne McDonald v. Leslie Branch Wise

Former mayoral appointee, Wayne McDonald, filed this action under 42
U.S.C. § 1983 and Colorado state law after he was terminated from his position
with the City of Denver based on the complaint of Officer Leslie Wise that he had
sexually harassed her. He sued the Mayor of Denver, the Mayor’s press
secretary, and the City and County of Denver for due process violations, breachMore...
   $0 (10-28-2014 - CO)

Robert P. Leslie v. Jeffrey R. Hill and Anthony T. Hill

Appellant Robert P. Leslie appeals from the trial court’s order confirming the arbitration award against appellees Jeffrey R. Hill and Anthony T. Hill, but refusing to sign a final judgment based on the confirmed award. Because the arbitration statutes do not contemplate a trial court confirming an arbitration award without also signing a final judgment based on that award, we reverse the trial ... More...   $0 (10-16-2014 - TX)

Leonard K. Hoskins v. Colonel Clifton Hoskins and Hoskins, Inc.

Pursuant to an order of a bankruptcy court, Leonard K. Hoskins, Colonel Clifton Hoskins, and Hoskins, Inc. (the “Company”) were all parties to an arbitration proceeding. After a final arbitration award was entered with regard to Leonard’s claims against Clifton and the Company, Leonard filed a motion to vacate the arbitration award, while Clifton and the Company filed a motion to confirm the... More...   $0 (10-15-2014 - TX)

David and Katheryn Garver v. Thomas Rosenberg, M.D., et al.

¶1 This matter comes before the court on an appeal following the district court’s entry of an order purporting to reissue a judgment pursuant to rule 60(b) of the Utah Rules of Civil Procedure. We conclude that the district court erred in reissuing the judgment and that we lack jurisdiction to address the underlying merits of the appeal.
Opinion of the Court
   $0 (10-10-2014 - UT)

Andre Franklin, Inc. v. Herb Wax

Andre Franklin, Inc., and Andre Franklin, individually, (collectively referred
to as "Franklin"), appeal the trial court's denial of a motion to compel arbitration and
- 2 -
motion to abate proceedings pending arbitration. Because Franklin did not take action
inconsistent with its right to arbitration, it did not waive its right to arbitration.1
Accordingly, we reverse.
In ... More...
   $0 (10-10-2014 - FL)

Victory Energy Operations, L.L.C. v. Rain CII Carbon, L.L.C.

¶1 Plaintiff/Appellant Victory Energy Operations, L.L.C., a Delaware Limited Liability Company (Plaintiff or Victory), seeks review of the trial court's order granting the Motion to Dismiss or Stay for Lack of Personal Jurisdiction, Improper Venue, Pendency of Another Action or Forum Non Conveniens of Defendant/Appellee Rain CII Carbon, L.L.C., a Louisiana Limited Liability Company (Defendant or ... More...   $0 (10-09-2014 - OK)

Mission Petroleum Carriers, Inc. v. David Kelly

Mission Petroleum Carriers, Inc. appeals from the trial court’s denial of its motion to compel arbitration. In a single issue, Mission asserts that David Kelley ratified the arbitration agreement by accepting benefits under the plan, rendering any procedural unconscionability in the formation of the agreement moot. We agree, and we reverse and remand to the trial court for an order compelling th... More...   $0 (10-09-2014 - TX)

Jimmy H. Campbell and Janice K. Campbell v. Concept Builders, Inc.

Tulsa, OK - Jimmy H. Campbell and Janice K. Campbell sued Concept Builders, Inc. on breach of contract theories.

On or about March 17, 2007, Plaintiffs and Concept executed a Contract oT.a1e of Real Estate (“Contract”) for the purchase of a residence located at 1410 N. Old Noah Piace, Sand Springs, OK (“Property”). See Ex. “A”, Contract.
2. Tinder the Contract, Concept was... More...
   $0 (10-03-2014 - OK)

Wayne Earl Larson v. UHS of Rancho Springs, Inc.

In this appeal, we must decide whether a plaintiff’s claims for battery and intentional infliction of emotional distress are based on a health care provider’s professional negligence and therefore subject to the one-year limitations period set forth in Code of Civil Procedure section 340.5.1 Plaintiff and appellant Wayne Earl Larson alleges defendant and respondent Richard Shuman, M.D., served... More...   $0 (10-02-2014 - CA)

Johnnie Boler v. Security Health Care, LLC d/b/a Grace Living Center

¶1 The issue is whether the trial court erred in denying the nursing home's motion to compel arbitration. The trial judge held that the wrongful death claim belonging to Cleo Boler's statutory beneficiaries pursuant to 12 O.S. 2011 § 1053 is not subject to an agreement to arbitrate contained in her nursing home's admission contract. We agree with the trial court and hold that the personal repres... More...   $0 (09-30-2014 - OK)

Jamshid Najah v. Scottsdale Insurance Company

Appellants Jamshid Najah and Mark Akhavain sold a commercial property, taking back as partial payment a promissory note secured by a second deed of trust. When the borrower fell into default and the holder of the first deed of trust commenced foreclosure proceedings, appellants purchased from the senior lender the promissory note secured by the first deed of trust and took assignment of that trust... More...   $0 (09-30-2014 - CA)

Jeffrey Cooper v. Lavely & Singer

In the underlying arbitration proceeding, the arbitrator initially issued a “Final Award” denying a request for an award of attorney fees by respondent Lavely & Singer Professional Corporation (L & S). The arbitrator later modified the Final Award to include a fee award, and issued a “Revised Final Award.” Appellant Jeffrey Cooper challenges the trial court’s confirmation of the Revised ... More...   $0 (09-26-2014 - CA)

City of Owasso v. Fraternal Order of Polic

¶1 Defendants/Appellants Fraternal Order of Police, Lodge #149, and Mike Denton (respectively, Lodge and Denton, or collectively, Defendants), seek review of an order of the trial court vacating a decision of an arbitrator as contrary to public policy. In this appeal, Defendants complain the parties' collective bargaining agreement expressly proscribes district court review of an arbitrator's dec... More...   $0 (09-23-2014 - OK)

Roy F. Witt v. Hudiburg Chevrolet, Inc. d/b/a Hudiburg Chevrolet

Norman, Cleveland County, OK - Roy F. Witt and Cory Carbaugh sued Hudiburg Chevrolet, Inc. d/b/a Hudiburg Chevrolet on conversion theories claiming:

1) Plaintiff, Roy F. Wit, is a resident of Oklahoma County, State of Oklahoma.
2) Plaintiff, Cory Carbaugh, is a resident of Cleveland County, State of Oklahoma, and the wrongful arrest oecuned in Cleveland County, State of Oklahoma.
... More...
   $1 (09-17-2014 - OK)

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