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Tag Archives: motion to compel

Arbitration – Motion to Compel – Nonsignatory – Equitable Estoppel – Securities Trading Contract (access required)

Erichsen v. RBC Capital Markets, LLC Even though neither defendant nor its predecessor signed the risk disclosure statement (RDS) that contains the arbitration clause at issue, since plaintiff signed the RDS, and since plaintiff’s claims are based on the RDS, defendant may enforce the arbitration clause. Defendant’s motion to compel arbitration is granted.

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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 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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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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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."

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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.

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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.

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