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Jun 3, 2015

Arbitration — Banks Want Arbitration for Payday Loan Claims

Dillon v. BMO Harris Bank NA (Lawyers Weekly No. 15-01-0557, 19 pp.) (Duncan, J.) No. 14-1728, May 29, 2015; USDC at Greensboro, N.C. (Eagles, J.) 4th Cir. Holding: A plaintiff who has filed a putative class action seeking to avoid collection on payday loans he obtained online has his case sent back to the district […]

May 13, 2015

Arbitration — Provisional Remedies – Party Dismissal & Attorney Removal – First Impression – Appeals

McMillan v. Unique Places, LLC (Lawyers Weekly No. 15-15-0436, 10 pp.) (Louis Bledsoe III, J.) 2015 NCBC 46 Holding: In arbitration cases, G.S. § 1-569.8(a) gives courts the authority to “enter an order for provisional remedies to protect the effectiveness of the arbitration proceeding.” Although no North Carolina appellate court has yet ruled on this […]

Apr 30, 2015

Domestic Relations — Equitable Distribution – Divisible Property – Passive Appreciation – Distribution Date – Arbitration – Attorneys’ Fees

Kiell v. Kiell (Lawyers Weekly No. 15-16-0382, 12 pp.) (Mark Davis, J.) Appealed from Catawba County District Court (Mark Killian, J.) N.C. App. Unpub. Holding: Where the divisible property at issue – the passive appreciation of two life insurance policies – was not distributed until 2013, the arbitrator evidently miscalculated the divisible value of the […]

Apr 29, 2015

Labor & Employment — Pension Fund Files Suit on Arbitration Order

Freight Drivers & Helpers Local Union No. 557 Pension Fund v. Penske Logistics LLC (Lawyers Weekly No. 15-01-0389, 22 pp.) (Niemeyer, J.) No. 14-1464, April 21, 2015; USDC at Baltimore, Md. (Hollander, J.) 4th Cir. Holding: A pension fund seeking review of an arbitrator’s order holding that two companies had no withdrawal liability under the […]

Apr 3, 2015

Labor & Employment — FLSA – Class Action Waiver – Arbitration – Off-the-Clock Work

Adams v. Citicorp Credit Services, Inc. (Lawyers Weekly No. 15-03-0289, 30 pp.) (L. Patrick Auld, USMJ) 1:12-cv-00286; M.D.N.C. Holding: The court agrees with the Eleventh Circuit (Walthour v. Chipio Windshield Repair, LLC, 745 F.3d 1326, (11th Cir.) cert. denied, 134 S. Ct. 2886 (2014)) that the Fair Labor Standards Act does not set forth a […]

Mar 11, 2015

Labor & Employment — Officer Firing Did Not Violate Arbitration Award

Fraternal Order of Police Metro Transit Police Labor Committee Inc. v. Washington Metropolitan Area Transit Authority (Lawyers Weekly No. 15-01-0228, 17 pp.) (Motz, J.) No. 14-1332, March 10, 2015; USDC at Alexandria, Va. (Brinkema, J.) 4th Cir. Holding: In this labor dispute between the Washington Metropolitan Transit Authority and the Fraternal Order of Police, the […]

Jan 28, 2015

Arbitration — Contract – Operating Agreement – Failure to Read – Non-signatory – Third-Party Beneficiary – Dissolution

McMillan v. Unique Places, LLC (Lawyers Weekly No. 15-15-0109, 18 pp.) (Louis Bledsoe III, J.) 2015 NCBC 4 Holding: Plaintiff Erik McMillan had the opportunity to read the parties’ operating agreements – which have broad arbitration provisions – but he declined to do so, relying instead on defendants Hawn and Fisher to include the appropriate […]

Jan 22, 2015

Arbitration — Motion to Stay – Non-Signatories – Corporate Directors

Cold Springs Ventures, LLC v. Gilead Sciences, Inc. (Lawyers Weekly No. 15-15-0092, 23 pp.) (Gregory McGuire, J.) 2015 NCBC 1 Holding: The individual plaintiffs, directors of a now defunct corporation, are not required to arbitrate a contract between the corporation and defendant since plaintiffs were not involved in the formation or alleged breach of the […]

Jan 21, 2015

Arbitration — Motion to Compel – Contract – Release

Pattison Outdoor Advertising, LP v. Elevator Channel, Inc. (Lawyers Weekly No. 15-16-0075, 14 pp.) (Linda Stephens, J.) Appealed from Mecklenburg County Superior Court (Richard Boner, J.) N.C. App. Unpub. Holding: The parties’ original contract included an alternative dispute resolution provision; however, a memorandum of understanding – that was attached to plaintiff’s complaint – release[...]

Jan 14, 2015

Arbitration — Waiver – Litigation Participation – Auto Insurance – UIM Coverage

Bryant v. Holzinger (Lawyers Weekly No. 15-16-0052, 16 pp.) (Sam Ervin IV, J.) Appealed from Randolph County Superior Court (David Hall, J.) N.C. App. Unpub. Holding: Where plaintiff pursued her claim against her underinsured motorist carrier for two and a half years – during which time several motions were filed and heard, the parties engaged […]

Nov 25, 2014

Civil Practice — Necessary Parties – Arbitration – Piercing the Corporate Veil – Choice of Arbitrators

Cold Springs Ventures, LLC v. Gilead Sciences, Inc. (Lawyers Weekly No. 14-15-1102, 9 pp.) (Gregory McGuire, J.) 2014 NCBC 58 Holding: Plaintiffs do not seek relief from the moving defendants, and plaintiffs named the moving defendants as parties to this action only because the moving defendants are also respondents in an underlying arbitration action. Although […]

Jul 21, 2014

Arbitration – Construction Subcontract – Subsequent Projects – Tort/Negligence – Defamation

ELJ, Inc. v. Jefferys (Lawyers Weekly No. 14-16-0683, 9 pp.) (Donna Stroud, J.) Appealed from Onslow County Superior Court (Gary Trawick, J.) N.C. App. Unpub. Holding: Even though there was a broad arbitration clause in the parties’ contract relating to a project in Farmville, the clause is not broad enough to require arbitration of plaintiff’s […]

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