Where an arbitration panel awarded a broker over $1.1 million for wrongful termination without cause, the district court erred by refusing to enforce the award. Although the employer argued that North Carolina does not recognize a claim for wrongful termination ...
Read More »Arbitration – Securities broker awarded $1.1 million for wrongful termination
Arbitration – Bank customer avoids arbitration of residential mortgage dispute 
Where a customer alleged his bank violated the Truth in Lending Act, or TILA, by using money in his deposit accounts to pay the outstanding balance on a Home Equity Line of Credit or HELOC, the bank could not compel ...
Read More »Arbitration – Dispute over trust agreement’s coverage isn’t arbitrable 
Where parties to a trust agreement disputed which employers were covered by the agreements, neither the statute nor the trust agreement required the dispute to be arbitrated. Background Under the Labor Management Relations Act, unions and management can enter into ...
Read More »Arbitration – Arbitrator to decide the preclusive effect of prior court judgment 
Where there is no agreement to the contrary, an arbitrator, and not the court, decides the preclusive effect of a prior court judgment. Background The crux of this case is the court’s standard for reviewing arbitration awards. The district court ...
Read More »Arbitration — Motion to Compel – Non-signatory – Independent Claims 
Plaintiff bought a business and then saw 30 percent of its clients disappear when employees, who were brought over from the former owner, formed a new business and left plaintiff’s employ. The claims that plaintiff asserts against the sellers of ...
Read More »Arbitration – Parties waived appellate review of arbitration 
Where a medical practice and a member physician agreed that an arbitrator’s decision “shall be final and conclusive and enforceable in any court of competent jurisdiction without any right of judicial review or appeal,” the waiver was enforceable. Background Beckley ...
Read More »Arbitration – Arbitration denied due to no binding contract 
Where an agent of the defendant changed material terms in a contract that were never agreed to by the plaintiffs, there was no binding contract and the defendant could not enforce the arbitration clause in the agreement. Background Sandeva “Sandy” ...
Read More »Arbitration – Non-Party – Credit Card – Equitable Estoppel 
In a case arising out of the installation of a water treatment system in plaintiff’s home, defendant Home Depot is not entitled to enforce the arbitration provisions in plaintiff’s credit card contract or in his contract with the installation professional. ...
Read More »Arbitration – Third-Party Defendant – Waiver – Contract – Indemnity 
Although N.C. R. Civ. P. 14 allows a third-party defendant to assert any defense that is available to the third-party plaintiff, a defense of arbitration is not one that Rule 14 contemplates will be available to a third-party defendant who ...
Read More »Arbitration – Nursing Home Contract – Missing Pages – Internal Conflict 
Upon defendants’ appeal of the Court of Appeals’ majority ruling (When a nursing home resident was being moved to a more skilled facility, her daughter was presented with only the signature page of a three-page arbitration agreement, and that ...
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