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 ...

Tagged with: Arbitration

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 ...

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A masonry subcontractor who successfully defended a lawsuit brought by a general contractor collected $1.1 million on his counterclaim after an arbitration panel ruled he was not at fault for holding up the project. The contractor had brought claims for ...

Tagged with: Arbitration general contractor subcontractor

A defendant who spars in litigation for more than three years while sleeping on its right to compel the plaintiffs to arbitration shouldn’t be surprised if a court rules that it has thereby waived that right. But for one such ...

Tagged with: Arbitration N.C.Court of Appeals

HCW Retirement & Financial Services, LLC v. HCW Employee Benefit Services, LLC For one hour of plaintiff Wilton Drake’s 10- to 11-hour deposition, defendants Frank Woody and Todd Yates asked him questions about the issues defendants seek to submit to arbitration. Otherwise, defendants have not acted inconsistently with their arbitration demand, and plaintiff has not shown prejudice.

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A recent North Carolina Business Court decision to enforce arbitration, despite the fact neither party to the suit ever signed the contract containing the clause, has left lawyers wondering what impact the decision will have on contract law in the future.

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Raymond James Financial Services Inc. v. Cary Investors who purchased allegedly fraudulent securities directly from a business on the recommendation of a lawyer who was working with a broker for a financial services company were not “customers” of the company entitled to FINRA arbitration; the 4th Circuit says that to compel arbitration in this case, in which the investors did not buy from the financial services company, would expand the scope of the arbitration agreement beyond what the text permits and the parties intended.

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Noohi v. Toll Bros. Inc. A real estate contract clause that required the buyer – but not the seller – to submit to arbitration is unenforceable under Maryland law for lack of mutual consideration, and the 4th Circuit affirms judgment for plaintiff buyers who are seeking return of their deposit on a luxury home after they were unable to obtain mortgage financing from multiple lenders.

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Last month, the North Carolina Court of Appeals struck down an arbitration clause for being inflexible about the arbitrators to be used. (See “Arbitration agreement proved too specific,” NLCW Jan. 28.) On Feb. 5, vagueness was in vogue at the court as it upheld an arbitration clause in a different case against claims that it was too vague to be enforceable.

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Morgan Keegan & Co. v. Silverman A company that valued and marketed certain bond funds purchased by plaintiff investors through a brokerage firm is not subject to FINRA arbitration proceedings, the 4th Circuit says, because the investors were not “customers” of the marketing company under the controlling FINRA rule; the district court order enjoining arbitration is affirmed.

Tagged with: Arbitration