By North Carolina Lawyers Weekly Staff
Published: August 30,2012
Creed v. Smith The plaintiff’s motion to compel arbitration should have been granted because his insurance company’s liability limits had been “exhausted” for the purposes of G.S. § 20-279.21 and the underinsured motorist policies of the plaintiff and his employer.
By North Carolina Lawyers Weekly Staff
Published: August 22,2012
SSC Statesville Maple Leaf Operating Co. v. Morgan Pursuant to a power of attorney from his mother, defendant executed both an admission form and a separate dispute resolution agreement (DRA) when he admitted his mother to plaintiff’s facility. As defendant’s wrongful death claim arises out of his mother’s treatment at plaintiff’s facility, the claim is subject to the arbitration clause in the DRA.
By North Carolina Lawyers Weekly Staff
Published: August 22,2012
Creed v. Smith Plaintiff’s motion to compel arbitration should have been granted because his insurance company’s liability limits had been “exhausted” for the purposes of G.S. § 20-279.21 and the underinsured motorist policies of plaintiff and his employer.
By North Carolina Lawyers Weekly Staff
Published: August 3,2012
Erichsen v. RBC Capital Markets, LLC Even though neither defendant nor its predecessor signed the risk disclosure statement (RDS) that contains the arbitration clause at issue, since plaintiff signed the RDS, and since plaintiff’s claims are based on the RDS, defendant may enforce the arbitration clause. Defendant’s motion to compel arbitration is granted.
By North Carolina Lawyers Weekly Staff
Published: July 11,2012
Wheeling Hospital Inc. v. The Health Plan of the Upper Ohio Valley Inc. In this dispute between two hospitals and a health system plan over payments under employee benefit plans, the district court erred in saying the Health Plan’s litigation activity meant it “defaulted” on its right to arbitrate the dispute; the 4th Circuit says there’s no per se prejudice from a dispositive motion, and the hospital plaintiffs did not otherwise show prejudice from delay, their litigation expenses and any revelation of their “litigation strategy.”
By North Carolina Lawyers Weekly Staff
Published: June 14,2012
Stewart v. Legal Helpers Debt Resolution, LLC Where defendants who did not sign the contract between plaintiff and defendant Legal Helpers Debt Resolution, LLC (LHDR) are either agents of LHDR or third-party beneficiaries of the contract, these non-signatory defendants are entitled to seek enforcement of the contract’s arbitration provision.
By North Carolina Lawyers Weekly Staff
Published: May 14,2012
Dan Ryan Builders Inc. v. Nelson In this contract dispute with a builder, a new-home buyer says the contract’s arbitration clause is not enforceable because it allows the builder to sue for certain kinds of disputes, but the buyer is forced to arbitrate all disputes; the 4th Circuit certifies to the West Virginia high court a question about the enforceability of the arbitration clause in this case.
By North Carolina Lawyers Weekly Staff
Published: March 7,2012
In re Foreclosure by Carter Even though the parties’ note and deed of trust included arbitration provisions, when the substitute trustee commenced foreclosure proceedings under the deed of trust’s power of sale, both the clerk of court’s and the superior court’s scope of review was limited to issues related to the six findings required by G.S. § 45-21.16. Respondents’ argument concerning their right to arbitration was not pertinent to the six required findings; consequently, the superior court properly refused to rule on respondents’ motion to stay the foreclosure proceedings and compel arbitration.
By North Carolina Lawyers Weekly Staff
Published: January 19,2012
Westmoreland v. High Point Healthcare, Inc. The trial court improperly denied a nursing home’s motion to compel arbitration since the arbitration agreement was not procedurally or substantively unconscionable.
By North Carolina Lawyers Weekly Staff
Published: November 21,2011
Capps v. Blondeau An investment firm’s practice was to scan the signature page of an investor’s contract and destroy the original after 90 days. A sample, or specimen, contract was also kept on file. Given the differences between the specimen contract and the scanned signature page from plaintiff’s contract, the trial court could find that there was no duplicate of plaintiff’s contract available. We affirm the trial court’s denial of defendants’ motion to compel arbitration.
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Bartlett v. Wayne County Board of Education Plaintiffs contend that the majority of eyewitnesses in this case testified that the responding officer’s diagram depicting the accident scene was accurate, that the diagram demonstrates plaintiffs’ “van had to have been almost directly in front of the bus at the time [the bus driver] started her turn,” and that this evidence conclusively established that the bus driver failed to yield the right-of-way to plaintiffs’ van.
Fidelity Bank v. North Carolina Department of Revenue Even though the N.C. Revenue Act uses the Internal Revenue Code to determine state net income, and even though the Code treats “market discount income” on U.S. Treasury bonds as interest for purposes of the Code, under the N.C. Revenue Act market discount income on U.S. Treasury bonds is treated as income rather than interest.
Apex Tool Group, LLC v. Ingersoll-Rand Co. Neither plaintiff nor the individual defendants are Texas residents; nevertheless, each of the individual defendants’ employment agreements includes an unambiguous and mandatory forum selection clause, which says any lawsuit involving the agreement must be brought in Harris County, Texas. The employment agreements were entered into by plaintiff’s predecessor and the individual defendants, who apparently did not live in Texas when they entered into the contracts and thus apparently anticipated interstate travel in the event of a trial.
