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Tag Archives: Arbitration

Domestic Relations – Equitable Distribution – Arbitration — Real Property – Investment & Retirement Accounts (access required)

Barton v. Barton Where the defendant-husband engaged in frequent trading activity during the parties’ marriage, and the investment account increased in value by $201,937, the arbitrator could conclude that the account’s increase in value, after the date of marriage and before the date of separation, was not passive appreciation and was property acquired by the marital estate. We affirm the trial court’s order adopting the arbitration award in part. We reverse and remand in part.

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Arbitration – Insurance – Auto — UIM – Waiver (access required)

Herbert v. Marcaccio The plaintiff waived her right to arbitration in a UIM action since the insurer was prejudiced by the plaintiff’s two-year time delay because it was required to spend a significant amount of resources to defend the suit which would have been unnecessary had a demand for arbitration been made earlier. We affirm the trial court’s order.

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Arbitration – Contract – Coal Supply — $10.5M Award (access required)

Central West Va. Energy Inc. v. Bayer Cropscience LP An arbitration panel did not exceed its powers when it considered the validity of a 2008 agreement between Central West Virginia Energy Company and an industrial park in Kanawha County, W.Va., for CWVE to supply coal to the park for a two-year period, and the 4th Circuit upholds a $10.5 million award to the industrial park.

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Arbitration – Breach of Warranty – Real Property – Improvements – Massachusetts Venue (access required)

Wake County Board of Education v. Dow Roofing Systems, LLC G.S. § 22B-2 does not apply to a warranty given after the warranted products were attached to real property in North Carolina. Even if § 22B-2 did apply, pursuant to the Supremacy Clause of the U.S. Constitution, the state statute is pre-empted by the Federal Arbitration Act. Plaintiff’s claims are dismissed without prejudice so the parties can arbitrate their dispute in Massachusetts.

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Arbitration – Motion to Compel – Unwritten Contract – Construction Project – Fourth Building – Unsigned Contract — Prior Contracts – Exceptions to Arbitrability (access required)

Miller & Long, Inc. v. Intracoastal Living, LLC Even though the parties’ written subcontracts included an arbitration clause, and even though the parties had already built three buildings in the project at issue, since the parties never reduced their subcontract to writing with respect to a fourth building, the plaintiff-subcontractor’s claims with regard to the fourth building are not subject to arbitration. However, even though the parties never signed the subcontract pertaining to the third building, its arbitration clause is enforceable.

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Arbitration – Civil Practice – Jurisdiction – Investor – Tort/Negligence – Breach of Contract (access required)

Levin v. Alms & Associates Inc. (Lawyers Weekly No. 11-01-0176, 17 pp.) (Duncan, J.) No. 10-1896, Feb. 10, 2011; USDC at Baltimore (Garbis, J.) 4th Cir. Holding: In an investment firm’s appeal of the district court’s denial of mandatory arbitration ...

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Non-compliance with arbitration rules ends Blackwater case (access required)

Failure to abide by arbitration rules has resulted in the termination of arbitration proceedings in a case involving the estates of four Blackwater contractors killed in Iraq in 2004. Termination of the arbitration proceedings, in turn, may have ended the legal cases brought by the administrator of the estates of the contractors, as well as competing actions brought by Blackwater against the administrator. "Contractual arbitration obligations have meaning and are legally enforceable," said Raleigh attorney Kirk G. Warner (pictured), who represented Blackwater.

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