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Arbitration Law
 
Hickory Heights Health & Rehab, LLC v. Mabel Keller Cook

This is an interlocutory appeal concerning the denial of a motion to compel
arbitration. Appellants are Hickory Heights Health and Rehab, LLC; Central Arkansas
Nursing Centers, Inc.; Nursing Consultants, Inc. d/b/a Professional Nursing and
Rehabilitation Services; Tina Lynette Beard, individually and as nursing home
administrator for Hickory Heights Health and Rehab, LLC; Micha... More...
   $0 (09-14-2018 - AR)

James Morden v. XL Specialty Insurance District of Utah Federal Courthouse - Salt Lake City, Utah

This appeal concerns an assigned claim on a liability-insurance policy. Belsen
Getty, LLC, a registered investment adviser owned by Terry Deru, obtained a claimsmade
financial-services-liability policy (the Policy) from XL Specialty Insurance
Company covering Belsen Getty and its advisers for the period from October 9, 2010, to
October 9, 2011. Under the policy, XL had no duty to d... More...
   $0 (09-11-2018 - UT)

Richard Dent v. National Football League Northern District of California Federal Courthouse - San Francisco Morelaw Internet Marketing National Find A Lawyer Directory 888-354-4529

This appeal requires us to decide whether a variety of
state-law claims brought against the National Football
League (NFL) by former professional football players are
preempted by § 301 of the Labor Management Relations Act
(LMRA), 29 U.S.C. § 141.
The district court held that the players’ claims are
preempted and dismissed their suit. We disagree. As pled,
the players’... More...
   $0 (09-10-2018 - CA)

InfoSpan, Inc. v. Emirates NBD Bank, PJSC Central District of California Federal Courthouse - Los Angeles, California Morelaw Internet Marketing National Find A Lawyer Directory 888-354-4529

A defendant that timely asserts that the district court lacks
personal jurisdiction and litigates the issue to an adverse
decision from the district court does not waive the personal
jurisdiction defense by vigorously litigating defenses to the
merits, including by asserting counterclaims against other
parties. Emirates NBD Bank PJSC (the “Bank”) was entitled
to litigate it... More...
   $0 (09-10-2018 - CA)

Ronald A. Cup v. AMPCO Pittsburgh Corporation, et al. Western District of Pennsylvania Courthouse - Pittsburgh, Pennsylvania

This case involves a dispute over retiree healthcare benefits. Retired union member Ronald Cup and similarly situated retirees requested—and the District Court ordered—arbitration of the dispute under the Labor Management Relations Act (LMRA), 29 U.S.C. § 185. Ampco Pittsburgh Corporation, its subsidiary Akers National Roll Company, and Akers’ health and welfare benefit plan (collectively, the Com... More...   $0 (09-04-2018 - PA)

Ridge Natural Resources, LLC, Calvin Smajstrla, Christopher Hawa and Wilson Hawa v. Double Eagle Royalty, LP Ridge Natural Resources LLC Mineral Rights

Although an in-depth examination of oil-and-gas principles is not necessary to resolve the merits of this appeal, we pause briefly to define the various rights at issue in a mineral estate so as to ground our subsequent discussion and provide context as to what rights the McDaniels purportedly believed they were conveying, and what rights may have actually been conveyed in the agreement the Mc... More...   $0 (09-02-2018 - TX)

Sheppard, Mullin, Richter and Hampton, LLP v. J-M Manufacturing Company, Inc.

A large law firm agreed to represent a manufacturing company in a federal
qui tam action brought on behalf of a number of public entities. During the same
time period, the law firm represented one of these public entities in matters
unrelated to the qui tam suit. Both clients had executed engagement agreements
that purported to waive all such conflicts of interest, current or futur... More...
   $0 (09-02-2018 - CA)

Martin J. Coyne v. Diego De Leo

In this unlawful detainer action filed under the Ellis Act (Gov. Code, § 7060
et seq.), defendant Diego De Leo appeals from a judgment of possession entered in favor
of his landlord, Martin J. Coyne. De Leo argues, inter alia, the trial court committed
prejudicial error in its exclusion of evidence. We agree the trial court abused its
discretion in excluding the evidence and revers... More...
   $0 (08-28-2018 - CA)

Branches Neighborhood Corporation v. Calatlantic Group, Inc.

Plaintiff Branches Neighborhood Corporation (Branches or the
association), a community association incorporated pursuant to the Davis-Stirling
Common Interest Development Act (Civ. Code, § 4000, et seq.)(the Act), filed an
arbitration claim against the association’s developer, defendant CalAtlantic Group, Inc.,
formerly known as Standard Pacific Corp. (Standard), for construction d... More...
   $0 (08-27-2018 - CA)

Branches Neighborhood Corporation v. Calatlantic Group, Inc.

Plaintiff Branches Neighborhood Corporation (Branches or the
association), a community association incorporated pursuant to the Davis-Stirling
Common Interest Development Act (Civ. Code, § 4000, et seq.) (the Act), filed an
arbitration claim against the association’s developer, defendant CalAtlantic Group, Inc.,
formerly known as Standard Pacific Corp. (Standard), for construction ... More...
   $0 (08-25-2018 - CA)

Alfredo Fuentes v. TMCSF,Inc.

Plaintiff Alfredo Fuentes entered into a written agreement with defendant TMCSF,
Inc., doing business as Riverside Harley-Davidson (Riverside), to buy a motorcycle. At
the same time, he entered into a written agreement with Eaglemark Savings Bank
(Eaglemark) to finance the purchase. The latter agreement included an arbitration clause;
the former agreement did not.
2
Fuentes... More...
   $0 (08-24-2018 - CA)

STATE OF CONNECTICUT v. ALRICK A. EVANS

The principal issue in this appeal is whether our decision in State v. Ray, 290 Conn. 602, 966 A.2d 148 (2009), which would require the defendant in the present case, Alrick A. Evans, to prove drug dependency as an affirmative defense to a charge under General Statutes (Rev. to 2011) § 21a-278 (b),1 remains good law in light of (1) the subsequent decision of the United States Supreme Court in All... More...   $0 (08-16-2018 - CT)

Jonathan Gaffers v. Kelly Services, Inc. Eastern District of Michigan Federal Courthouse - Detroit, Michigan

The Supreme Court recently held that the National Labor Relations Act does not invalidate individual arbitration agreements. Epic Systems Corp. v.
>
No. 16-2210 Gaffers v. Kelly Servs., Inc. Page 2
Lewis, 138 S. Ct. 1612, 1632 (2018). That holding answers half of this case. The other half, in which the plaintiffs seek to carve out a separate destiny for the Fair Labor Standards Act, me... More...
   $0 (08-16-2018 - MI)

Monster Energy Company v. Bruce L. Schechter

When a settlement agreement provides that the “[p]laintiffs and their counsel
agree” to keep the terms of the agreement confidential, and when the plaintiffs’ counsel
signs the agreement under the words, “Approved as to form and content,” can the
plaintiffs’ counsel be liable to the defendant for breach of the confidentiality provision?
We answer this question, “No.”

FACT... More...
   $0 (08-14-2018 - CA)

Property California SCJLW One Corporation v. Kris Leamy

Defendants Robin and Kris Leamy appeal from a final judgment entered in favor
of plaintiff Property California SCJLW One Corporation. The judgment was entered
based on an order granting plaintiff’s motion for summary judgment regarding a
settlement agreement (Agreement) involving attorney fees that contained a standard
general release. Defendants contend summary judgment was improp... More...
   $0 (08-12-2018 - CA)

Navajo Nation Northern Edge Navajo Casino v. The Honorable Bradford J. Dalley, et al. District of New Mexico Federal Courthouse - Albuquerque, New Mexico

The Appellants, the Navajo Nation and its wholly-owned government
enterprise the Northern Edge Navajo Casino (together, the “Tribe” or “Nation”),
entered into a state-tribal gaming compact with New Mexico under the Indian
Gaming Regulatory Act (“IGRA”), 25 U.S.C. §§ 2701–2721. The Tribe agreed
not only to waive its sovereign immunity for personal-injury lawsuits brought by
visi... More...
   $0 (07-24-2018 - NM)

Angela Johnson Musa v. Dr. Carrie Miles and Dr. Joseph Elia Multnomah County Courthouse - Portland, Oregon

This appeal involves a dispute over attorney fees in an action on an automobile insurance policy. Plaintiff sued defendant for personal injury protection (PIP) and uninsured motorist (UM) benefits under his automobile insurance policy with defendant after he was involved in a motor vehicle accident with an uninsured driver. The only issues remaining in the case after court-annexed arbitration and ... More...   $0 (07-16-2018 - OR)

John McAdams v. Marquette University

APPEAL from a judgment and an order of the Circuit Court
for Milwaukee County, David A. Hansher, Judge. Reversed and
remanded.
¶1 DANIEL KELLY, J. Marquette University suspended a
tenured faculty member because of a blog post criticizing an
encounter between an instructor and a student. Dr. John McAdams
took exception to his suspension, and brought a claim against
the U... More...
   $0 (07-07-2018 - WI)

Barry S. Jameson v. Taddese Desta

Under California’s in forma pauperis doctrine and Government Code
section 68086, subdivision (b),1 a person who because of limited financial
resources qualifies for a waiver of initial court filing fees is entitled, as well, to a
waiver of fees for the attendance of an official court reporter at a hearing or trial.
In this case, however, although plaintiff Barry Jameson (hereafter ... More...
   $0 (07-06-2018 - CA)

Carlos Juarez v. Wash Depot Holdings, Inc.

A company provides its employees with a handbook setting
forth its employment policies. The handbook is written in
English and Spanish. The handbook requires arbitration of
employment disputes and denies an employee's right to bring an
action under the California Private Attorneys General Act
(PAGA). The English version states that the denial of the right
to bring a PAGA ac... More...
   $0 (07-04-2018 - CA)

Rachel Cullinane v. Uber Technologies, Inc. District of Massachusetts Federal Courthouse - Boston, Massachusetts

This case concerns the
enforceability of an arbitration clause contained in an online
contract. Plaintiffs-Appellants Rachel Cullinane, Jacqueline
Núñez, Elizabeth Schaul, and Ross McDonagh, (collectively,
"Plaintiffs"), filed this putative class action in Massachusetts
Superior Court on behalf of themselves and other users of a ridesharing
service in the Boston area agains... More...
   $0 (07-02-2018 - MA)

John Williams v. Atria Las Posas

Atria Las Posas (Atria) appeals from an order
denying its petition to compel arbitration. The trial court denied
the petition because of an integration clause in an agreement the
parties signed. It determined that the clause precluded Atria
from relying on a separate agreement containing an arbitration
clause. We reverse the order because the integration clause does
not pre... More...
   $0 (07-01-2018 - CA)

Brooks Goplin v. WeConnect, Inc. Western District of Wisconsin Federal Courthouse - Madison, Wisconsin Morelaw Internet Marketing National Find A Lawyer Directory 888-354-4529

WeConnect, Inc. asks us to reverse
the district court for making a factual mistake. The district
court found that WeConnect was not a party to the arbitra-
* Of the Northern District of Illinois, sitting by designation.
2 No. 18-1193
tion agreement it sought to enforce. WeConnect says that the
district court misunderstood the nature of its relationship
with the entity n... More...
   $0 (06-27-2018 - WI)

Part-Time Faculty Association v. Columbia College Chicago Northern District of Illinois Courthouse - Chicago, Illinois

This case involves a labor dispute between Columbia College Chicago (“CCC” or “the College”) and one of its employee unions, the Part-Time Faculty Association at Columbia College Chicago (“PFAC”), over the rep-resentation of full-time staff members who also teach part-time. A Regional Director (“the Director”) of the National Labor Relations Board (“NLRB” or “the Board”) ruled that such
2 No. ... More...
   $0 (06-17-2018 - IL)

United States of America v. Michael Cooper Eastern District of Virginia Federal Courthouse - Richmond, Virginia

Richmond, VA - Man Sentenced For $9 Million Credit Card Refund Scheme


A man who led a $9 million nationwide credit card fraud scheme was sentenced today to 10 years in prison.

According to court documents, Michael Cooper, 30, of Orlando, Florida, owned and operated several different entities for the sole purpose of defrauding credit card customers, credit card companies, and... More...
   $0 (06-14-2018 - VA)

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