North Carolina Lawyers Weekly

Where a broker executed trades on investors’ portfolio margin accounts in clear violation of a rule of the Financial Industry Regulatory Authority Inc., or FINRA, the arbitration panel did not manifestly disregard the law by imposing liability against the broker, ...

Where choice-of-law-provisions required the application of tribal law, they operated as a prospective waiver of a party’s right to pursue statutory remedies and, as a result, violated public policy and were unenforceable. Background In this appeal, the court considers the ...

Where arbitration agreements included within the terms of payday loans provided for the application of tribal law, to the exclusion of any contrary federal statutory law, the agreements were unenforceable because they prevented a plaintiff from effectively vindicating certain federal ...

A trial court order compelling arbitration is interlocutory and not immediately appealable. On appeal, plaintiffs argue an issue they failed to raise before the trial court—the validity or conscionability of the arbitration agreement’s confidentiality clause—and they do not argue on ...

Plaintiff filed untimely affidavits asserting that his decedent’s representative had not signed a purported arbitration agreement. Since the trial court offered defendants a continuance, which defendants declined, the trial court did not abuse its discretion by considering the affidavits. Where ...

Where an agreement involving defense contractors excluded Title VII claims from arbitration “unless and until federal law no longer prohibits the Firm from mandating arbitration of such claims,” and PricewaterhouseCoopers LLP no longer performs the work that prohibited mandatory arbitration, ...

In an issue of first impression, the court joined the Sixth Circuit in holding a private arbitral panel is a “tribunal” under 28 U.S.C. § 1782(a), which allows a district court to order testimony or documents for use in the ...

  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 page had only small-font headings. Moreover, the facility’s admission agreement—which ...

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 ...

  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 ...