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Tag Archives: Arbitration

Labor & Employment – Arbitration – Job-Preference Accord — UMW (access required)

Peabody Holding Co. LLC v. United Mine Workers of America, Int’l Union The 4th Circuit upholds the district court order requiring the parties to arbitrate the United Mine Workers’ limited job-preference agreement with a coal company, as the appellate court concludes the coal company has not rebutted the ordinary presumption in favor of arbitrability.

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Bankruptcy – Civil Practice – Jurisdiction – Core Proceedings – Contract – Arbitration (access required)

D&B Swine Farms, Inc. v. Murphy-Brown, L.L.C. In accordance with Stern v. Marshall, 564 U.S. ___, 131 S. Ct. 2594 (2011), the debtor’s adversary proceeding — based on state common law claims — is a non-core proceeding. Since two of the three contracts at issue include arbitration clauses, the claims for breach of those two contracts must be submitted to arbitration. All further proceedings in this case are stayed pending the conclusion of arbitration.

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Arbitration – Best Evidence Rule – Investment Contracts – Document Imaging – Original Unavailable – Discrepancies — Witness Credibility (access required)

Capps v. Blondeau An investment firm’s practice was to scan the signature page of an investor’s contract and destroy the original after 90 days. A sample, or specimen, contract was also kept on file. Given the differences between the specimen contract and the scanned signature page from plaintiff’s contract, the trial court could find that there was no duplicate of plaintiff’s contract available. We affirm the trial court’s denial of defendants’ motion to compel arbitration.

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Arbitration – Contract – Mediation Requirement (access required)

Emmanuel African Methodist Episcopal Church v. Reynolds Construction Co. Even though the parties’ contracts require the parties to engage in mediation before either arbitration or legal proceedings, this does not give plaintiff the choice to forgo arbitration. The contracts’ arbitration clauses are mandatory. The mediation clause can be interpreted to mean that, if the parties agree to waive arbitration, they still must go to mediation before they go to court. We reverse the trial court’s denial of defendants’ motion to compel arbitration.

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Arbitration – Motion to Compel – Default Allegation – Recently-Filed Litigation (access required)

Shearline Boatworks, LLC v. Trost Even though it was plaintiff who initiated litigation, plaintiff did not unreasonably delay its request for arbitration, it did not unreasonably avail itself of trial-oriented activity, and arbitration would not prejudice defendant. The parties will be held to their agreement to arbitrate disputes arising under their contracts. Plaintiff’s motion to stay proceedings and to compel arbitration is granted.

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Arbitration – Motion to Vacate Award – Insufficient Showing – Partiality – Reason for Decision (access required)

Fitta v. Burke Where plaintiff essentially challenges the credibility of the evidence and the weight given to the evidence by the arbitrators, such a challenge is not sufficient to show misconduct for purposes of setting aside an arbitration award. We affirm the trial court’s denial of plaintiff’s motions to vacate the arbitration award and to compel depositions of the arbitrators.

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Arbitration – Motion to Compel – Hearing – Contract (access required)

Goodwin v. Century Care of Cherryville, Inc. There were several ways for defense counsel to present the purported arbitration agreement to the trial judge at the hearing on defendant’s motion to compel arbitration. Although defense counsel merely handed an unauthenticated copy of the agreement to the judge during the hearing, the agreement had been provided to plaintiff in a verified discovery response, and the judge and both counsel discussed the details of the agreement.

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