North Carolina Lawyers Weekly

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 ...

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” ...

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. ...

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 ...

  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 ...