Where the Berkeley County School District and parties it has sued disagree about the existence and enforceability of arbitration agreements, there are disputes of material fact that must be resolved at trial. Background The appellants sought arbitration of federal and ...Read More »
Although G.S. § 22B-10 says it is unconscionable and unenforceable for a contract to require a party to waive his right to a jury trial, the statute goes on to say that it does not prohibit parties from entering ...Read More »
Although licensed memory wards possess special knowledge and skill concerning the care of those afflicted with cognitive impairments, the court declines plaintiff’s invitation to create a de jure fiduciary relationship between assisted living facilities with memory wards and their residents. ...Read More »
Having determined that the policies at issue constituted an insurance contract under Virginia law, the court said a private day school was not required to submit its dispute to arbitration because the agreement containing the arbitration clause is part of ...Read More »
In N. Carolina Elec. Membership Corp. v. Duke Power Co., 95 N.C. App. 123, 381 S.E.2d 896 (1989), we held that an order compelling arbitration under the North Carolina Revised Uniform Arbitration Act did not affect a substantial right and ...Read More »
Where an arbitration clause both incorporates American Arbitration Association rules – which reserve questions of arbitrability to the arbitrator – and exempts certain claims from arbitration, and where all of plaintiff’s causes of action relate to the carved-out claims, it ...Read More »
Where the parties’ arbitration clause is ambiguous, we must defer to North Carolina’s strong policy favoring arbitration. We reverse the trial court’s order, which denied defendant’s motion to compel arbitration, and we remand for entry of an order compelling arbitration. ...
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Holding: Even though the parties stipulated that the Sept. 14, 2011, disbursement of settlement funds was done pursuant to their March 2010 retainer agreement, the arbitrator could nevertheless consider the plaintiff-clients’ evidence that the parties had modified the retainer agreement ...
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Holding: A written decision resulting from the parties’ agreed-upon dispute-resolution process was not a “final” decision under the Federal Arbitration Act because it reserved the decision-maker’s right – without time limitation – to change the decision if its underlying assumptions ...
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