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Arbitration – Unauthorized Contract – Appeals
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 lacked the authority to enter. Plaintiff submitted two affidavits to support the assertion it never […]
Arbitration – Banks & Banking – Deposit Agreement – Amendment
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 forum-selection procedure, making disputes subject to arbitration and waiving plaintiff’s right to class actions against […]
Arbitration – Unsigned Contract – Acceptance by Actions – Senior Living Facility
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 as a resident, performing obligations under the Resident Agreement and accepting fees [...]
Arbitration – Appeals – Dismissal with Prejudice – Stay Required
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 the dismissal with prejudice, remand for entry of a stay, and otherwise dismiss plaintiff’s appeal. […]
Arbitration – Securities broker awarded $1.1 million for wrongful termination
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 without cause, because there were decisions suggesting that such a claim could arise in these […]
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 arbitration because the arbitration agreements were executed after passage of the Dodd-Frank Act, which imposed […]
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 trust agreements to provide employment benefits. And sometimes the management of several employers join together […]
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 held that the preclusive effect of a prior judgment of this court was a question […]
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 the business are subject to the arbitration clause in the sales contract; however, plaintiff’s claims […]
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 Oncology Associates, or BOA, appeals from the district court’s dismissal of its complaint seeking to […]
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” Morris and Sandy Morris Financial LLC, or SMF, challenge the district court’s denial of their […]
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. We affirm the trial court’s denial of Home Depot’s motion to dismiss or to stay […]
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Commentary
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- The fight for equal educational opportunity continues
- Court’s term was rough on big business
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- Lawyers Weekly debuts new and improved web experience
- US Supreme Court bites back at parody’s use of the First Amendment
