North Carolina Lawyers Weekly

In response to defendant HJH Companies’ assertion that plaintiff owes HJH more than $200,000 and that any dispute is subject to arbitration, plaintiff filed this suit seeking declaratory judgment as to the validity of a contract that plaintiff’s former employee ...

Tagged with: Arbitration

In their deposit agreement, the plaintiff-customer agreed that the defendant-credit union could amend the agreement and give her notice by email of any such change. The credit union sent plaintiff three emails notifying her of a change to the agreement’s ...

Tagged with: Arbitration

Plaintiff’s attorney-in-fact signed a “Resident Agreement” before plaintiff moved in to defendants’ senior living facility. The Resident Agreement includes an arbitration clause. Although no one signed the Resident Agreement on behalf of defendants, defendants accepted the contract by accepting plaintiff ...

Tagged with: Arbitration

Although an order compelling arbitration is not usually immediately appealable, the trial court made its order immediately appealable – partially – by also dismissing the complaint with prejudice in violation of the North Carolina Revised Uniform Arbitration Act.  We reverse ...

Tagged with: Arbitration

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 ...

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 ...

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 ...

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 ...

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 ...

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 ...