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Arbitration Law
 
STATE OF CONNECTICUT v. ALRICK A. EVANS

The principal issue in this appeal is whether our decision in State v. Ray, 290 Conn. 602, 966 A.2d 148 (2009), which would require the defendant in the present case, Alrick A. Evans, to prove drug dependency as an affirmative defense to a charge under General Statutes (Rev. to 2011) § 21a-278 (b),1 remains good law in light of (1) the subsequent decision of the United States Supreme Court in All... More...   $0 (08-16-2018 - CT)

Jonathan Gaffers v. Kelly Services, Inc. Eastern District of Michigan Federal Courthouse - Detroit, Michigan

The Supreme Court recently held that the National Labor Relations Act does not invalidate individual arbitration agreements. Epic Systems Corp. v.
>
No. 16-2210 Gaffers v. Kelly Servs., Inc. Page 2
Lewis, 138 S. Ct. 1612, 1632 (2018). That holding answers half of this case. The other half, in which the plaintiffs seek to carve out a separate destiny for the Fair Labor Standards Act, me... More...
   $0 (08-16-2018 - MI)

Monster Energy Company v. Bruce L. Schechter

When a settlement agreement provides that the “[p]laintiffs and their counsel
agree” to keep the terms of the agreement confidential, and when the plaintiffs’ counsel
signs the agreement under the words, “Approved as to form and content,” can the
plaintiffs’ counsel be liable to the defendant for breach of the confidentiality provision?
We answer this question, “No.”

FACT... More...
   $0 (08-14-2018 - CA)

Property California SCJLW One Corporation v. Kris Leamy

Defendants Robin and Kris Leamy appeal from a final judgment entered in favor
of plaintiff Property California SCJLW One Corporation. The judgment was entered
based on an order granting plaintiff’s motion for summary judgment regarding a
settlement agreement (Agreement) involving attorney fees that contained a standard
general release. Defendants contend summary judgment was improp... More...
   $0 (08-12-2018 - CA)

Navajo Nation Northern Edge Navajo Casino v. The Honorable Bradford J. Dalley, et al. District of New Mexico Federal Courthouse - Albuquerque, New Mexico

The Appellants, the Navajo Nation and its wholly-owned government
enterprise the Northern Edge Navajo Casino (together, the “Tribe” or “Nation”),
entered into a state-tribal gaming compact with New Mexico under the Indian
Gaming Regulatory Act (“IGRA”), 25 U.S.C. §§ 2701–2721. The Tribe agreed
not only to waive its sovereign immunity for personal-injury lawsuits brought by
visi... More...
   $0 (07-24-2018 - NM)

Angela Johnson Musa v. Dr. Carrie Miles and Dr. Joseph Elia Multnomah County Courthouse - Portland, Oregon

This appeal involves a dispute over attorney fees in an action on an automobile insurance policy. Plaintiff sued defendant for personal injury protection (PIP) and uninsured motorist (UM) benefits under his automobile insurance policy with defendant after he was involved in a motor vehicle accident with an uninsured driver. The only issues remaining in the case after court-annexed arbitration and ... More...   $0 (07-16-2018 - OR)

John McAdams v. Marquette University

APPEAL from a judgment and an order of the Circuit Court
for Milwaukee County, David A. Hansher, Judge. Reversed and
remanded.
¶1 DANIEL KELLY, J. Marquette University suspended a
tenured faculty member because of a blog post criticizing an
encounter between an instructor and a student. Dr. John McAdams
took exception to his suspension, and brought a claim against
the U... More...
   $0 (07-07-2018 - WI)

Barry S. Jameson v. Taddese Desta

Under California’s in forma pauperis doctrine and Government Code
section 68086, subdivision (b),1 a person who because of limited financial
resources qualifies for a waiver of initial court filing fees is entitled, as well, to a
waiver of fees for the attendance of an official court reporter at a hearing or trial.
In this case, however, although plaintiff Barry Jameson (hereafter ... More...
   $0 (07-06-2018 - CA)

Carlos Juarez v. Wash Depot Holdings, Inc.

A company provides its employees with a handbook setting
forth its employment policies. The handbook is written in
English and Spanish. The handbook requires arbitration of
employment disputes and denies an employee's right to bring an
action under the California Private Attorneys General Act
(PAGA). The English version states that the denial of the right
to bring a PAGA ac... More...
   $0 (07-04-2018 - CA)

Rachel Cullinane v. Uber Technologies, Inc. District of Massachusetts Federal Courthouse - Boston, Massachusetts

This case concerns the
enforceability of an arbitration clause contained in an online
contract. Plaintiffs-Appellants Rachel Cullinane, Jacqueline
Núñez, Elizabeth Schaul, and Ross McDonagh, (collectively,
"Plaintiffs"), filed this putative class action in Massachusetts
Superior Court on behalf of themselves and other users of a ridesharing
service in the Boston area agains... More...
   $0 (07-02-2018 - MA)

John Williams v. Atria Las Posas

Atria Las Posas (Atria) appeals from an order
denying its petition to compel arbitration. The trial court denied
the petition because of an integration clause in an agreement the
parties signed. It determined that the clause precluded Atria
from relying on a separate agreement containing an arbitration
clause. We reverse the order because the integration clause does
not pre... More...
   $0 (07-01-2018 - CA)

Brooks Goplin v. WeConnect, Inc. Western District of Wisconsin Federal Courthouse - Madison, Wisconsin Morelaw Internet Marketing National Find A Lawyer Directory 888-354-4529

WeConnect, Inc. asks us to reverse
the district court for making a factual mistake. The district
court found that WeConnect was not a party to the arbitra-
* Of the Northern District of Illinois, sitting by designation.
2 No. 18-1193
tion agreement it sought to enforce. WeConnect says that the
district court misunderstood the nature of its relationship
with the entity n... More...
   $0 (06-27-2018 - WI)

Part-Time Faculty Association v. Columbia College Chicago Northern District of Illinois Courthouse - Chicago, Illinois

This case involves a labor dispute between Columbia College Chicago (“CCC” or “the College”) and one of its employee unions, the Part-Time Faculty Association at Columbia College Chicago (“PFAC”), over the rep-resentation of full-time staff members who also teach part-time. A Regional Director (“the Director”) of the National Labor Relations Board (“NLRB” or “the Board”) ruled that such
2 No. ... More...
   $0 (06-17-2018 - IL)

United States of America v. Michael Cooper Eastern District of Virginia Federal Courthouse - Richmond, Virginia

Richmond, VA - Man Sentenced For $9 Million Credit Card Refund Scheme


A man who led a $9 million nationwide credit card fraud scheme was sentenced today to 10 years in prison.

According to court documents, Michael Cooper, 30, of Orlando, Florida, owned and operated several different entities for the sole purpose of defrauding credit card customers, credit card companies, and... More...
   $0 (06-14-2018 - VA)

John McMahan, et al. v. Deutsche Bank, A.G. Northern District of Illinois Courthouse - Chicago, Illinois

In 2001, John McMahan and his
wholly owned corporation, Northwestern Nasal and Sinus
Associates, S.C.,1 participated in a tax shelter known as “Son
of BOSS.” The shelter “is a variation of a slightly older al‐
1 For ease of reference, and because the parties have not indicated a
material distinction between McMahan and his corporation, we will refer
to McMahan and his... More...
   $0 (06-13-2018 - IL)

Kimberly Huckaba v. Ref-Chem, L.P. Western District of Texas Federal Courthouse - San Antonio, Texas

Kimberly Huckaba, a former employee of Ref-Chem, L.P., appeals the district court’s judgment compelling arbitration. Because the express language of the agreement at issue requires for it to be signed by both parties and because it is undisputed that Ref-Chem did not sign the agreement, we REVERSE and REMAND.
I.
Huckaba sued her former employer, Ref-Chem, in federal district court. Ref-Che... More...
   $0 (06-11-2018 - TX)

Ryan Smythe v. Uber Technologies, Inc.

Uber Technologies, Inc. (Uber) appeals from an order denying its motion to
compel arbitration of an action brought by Ryan Smythe in his capacity as a driver for
Lyft, Inc. (Lyft). Smythe also drives for Uber. The court correctly found the action is
beyond the scope of Smythe’s arbitration agreement with Uber, so we affirm.
BACKGROUND
During the relevant period Smythe worked as... More...
   $0 (06-10-2018 - CA)

Von Becelaere Ventures, LLC v. James Zenovic

James Zenovic doing business as James Zenovic Construction (Zenovic) appeals
an order denying his petition to compel arbitration in an action filed by Von Becelaere
Ventures, LLC (VBV) in San Diego County. The trial court determined Zenovic waived
his right to compel arbitration by filing a separate complaint in Orange County to
2
foreclose on a mechanics lien without complyin... More...
   $0 (06-07-2018 - CA)

Stephen Six v. Generation Federal Credit Union United States Court of Appeals for the Fourth Circuit

This appeal arises out of the district court’s order sanctioning three attorneys and their law firms under both its inherent authority and 28 U.S.C. § 1927. Finding no abuse of discretion, we affirm.
I.
The district court based its decision to award sanctions on a comprehensive evaluation of the attorneys’ conduct. That conduct was, in many respects, egregious, and it continued throughout ... More...
   $0 (06-04-2018 - NC)

Rockefeller Technology Investments (Asia II) v. Changzhou Sinotype Technology Co., LTD

This appeal concerns an aborted international business
deal between Changzhou SinoType Technology Company, Ltd.
(SinoType), a Chinese company, and Rockefeller Technology
Investments (Asia) VII (Rockefeller Asia), an American
investment partnership. When the relationship between the two
entities soured, Rockefeller Asia pursued contractual arbitration
against SinoType in Los... More...
   $0 (06-04-2018 - CA)

Port Medical Wellness, Inc. v. Connecticut General Life Insurance Company

Port Medical Wellness, Inc. (Port Medical) sued the
International Longshore & Warehouse Union—Pacific Maritime
Association Welfare Plan (Plan), its Board of Trustees (Board),
and its former claims administrator, Connecticut General Life
Insurance Company (Connecticut General), seeking payment for
health care services provided to persons eligible for benefits
under the Plan.... More...
   $0 (06-02-2018 - CA)

Ivan Arnold v. Homeaway, Inc. Western District of Texas Federal Courthouse - San Antonio, Texas

Plaintiffs Ivan Arnold and Deirdre Seim filed separate lawsuits against
Defendant HomeAway, Inc.
1 In each case, HomeAway sought to compel arbitration. Concluding that both Seim and Arnold are bound to arbitrate threshold arbitrability questions, we REVERSE the judgment of the district court in Arnold’s case and AFFIRM the judgment in Seim’s. We REMAND both cases with instructions to compe... More...
   $0 (05-25-2018 - TX)

Duncan E. Prince v. Invensure Insurance Brokers, Inc. v. Erm Insurance Brokers, Inc., Cross-defendant and Appellant

The parties appeal and cross-appeal a judgment after a jury trial in this
business dispute. Plaintiff and cross-defendant Duncan E. Prince obtained a judgment of
$647,706.48 against defendant and cross-complainant Invensure Insurance Brokers, Inc.
(Invensure). Invensure took nothing on its cross-complaint against Prince and his related
business entity, cross-defendant ERM Insurance... More...
   $0 (05-20-2018 - CA)

Michael Benaroya v. Bruce Willis

Benaroya Pictures (Benaroya) contracted with Westside
Corporation (Westside) to pay the well-known actor Bruce Willis, the
2
president of Westside, to perform in a movie to be produced by
Benaroya. After a dispute arose regarding Willis’ payment, Willis and
Westside (collectively respondents) commenced arbitration proceedings
against Benaroya, pursuant to the arbitration c... More...
   $0 (05-18-2018 - CA)

Charles E. Yeager v. Peter Holt

Defendants Peter Holt, Holt Law Firm, and Bethany Holt (collectively Holt,
except as noted) appeal from an order denying their special motion to strike (also known
as an anti-SLAPP--Strategic Lawsuit Against Public Participation--motion).1
Peter Holt
and his law firm briefly represented Charles E. and Victoria Yeager (collectively Yeager,
except as noted) and successfully sued... More...
   $0 (05-17-2018 - CA)

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