Please ensure Javascript is enabled for purposes of website accessibility
Home (page 10)

Tag Archives: Arbitration

Discovery waives mandatory arbitration clause, court holds (access required)

A nursing home waived its right to compel arbitration after it used interrogatories to seek information from the plaintiff in a negligence suit, the Court of Appeals has ruled in an unpublished decision. "If you send discovery that is not necessarily going to be available in arbitration, you cannot then turn around and seek to compel arbitration," said the plaintiff's lawyer, Sam McGee (pictured). "The defense tried to distinguish [this case] from other cases by arguing that ‘this was only one little set of interrogatories.' But there is no magic number of interrogatories."

Read More »

Arbitration – Waiver – Motion to Compel – Interlocutory Appeal – Substantial Right (access required)

Rodrigues v. Southern Assisted Living, Inc. By making use of judicial discovery procedures, the defendants waived their right to compel arbitration; therefore, the trial court did not err when it denied their motion to stay proceedings and compel arbitration.

Read More »

Tort/Negligence – Collateral Estoppel – Arbitration – Legal Malpractice – Summary Judgment (access required)

WHD, L.P. v. Lawyers Mutual Liability Co. of N.C. The plaintiff was collaterally estopped from bringing a claim against an attorney where the same plaintiff previously brought a claim against him for negligent misrepresentation and malpractice as an attorney in its demand for arbitration.

Read More »

Investors must arbitrate claims over startup (access required)

Shareholders must arbitrate their claims over a startup Charlotte advertising company in which they invested hundreds of thousands of dollars, even though they brought suit against its CEO as an individual, the appeals court has ruled. "This case affirms what our position has been all along," said Charlotte attorney Ross R. Fulton (pictured) of Rayburn Cooper & Durham. Fulton represented Alexander in the case. "You cannot sue an individual officer of a company to get around an arbitration agreement with the company."

Read More »

Contract – Shareholder Agreements – Arbitration – Motion to Compel – Fraud (access required)

Ellison v. Alexander. Even though defendant did not sign plaintiffs' shareholder agreements with The Elevator Channel, since he made the representations about which plaintiffs complain while he was convincing them to invest in The Elevator Channel, he made those representations as an agent of The Elevator Channel. The plaintiffs' claims are inextricably entwined with the provisions of their shareholders agreements, so the defendant is entitled to enforce the arbitration clause in the shareholders agreements. Therefore, the trial court's order denying the defendant's motion to compel arbitration is reversed and the matter is remanded to the trial court for the entry of an order staying all further proceedings and requiring the parties to proceed to arbitration.

Read More »

Borrowers get $10M setoff on counterclaim against Wachovia (access required)

An arbitrator has awarded Cameron and Dee-Dee Harris (the “Borrowers”) more than $10 million as a setoff in an arbitration against Wachovia. Wachovia accelerated the loan and initiated the arbitration, asserting that a loan-to-collateral default had occurred. The Borrowers responded ...

Read More »