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Arbitration Law
 
Keith Saunders v. Ford Motor Company, Jeff Marzian, Karen Morrison Western District of Kentucky Federal Courthouse - Louisville, Kentucky

This case involves claims by Keith Saunders
against his employer, Ford Motor Company, under both § 301 of the Labor Management
>
No. 17-5277 Saunders v. Ford Motor Co., et al. Page 2
Relations Act (LMRA), 29 U.S.C. § 185, and Kentucky law. Saunders contends that Ford
breached the applicable collective bargaining agreement (CBA) by twice placing him on
temporary leave—known ... More...
   $0 (01-16-2018 - KY)

Jon Gregory Sanchez v. Robert Elizondo

Defendant-Appellant Robert Elizondo appeals the
district court’s order vacating his arbitration award and
remanding for further proceedings. Elizondo was awarded
$75,000 in damages (the Award) in the parties’ arbitration,
which Elizondo initiated to recoup losses he suffered as a
result of Plaintiff-Appellee Gregory Sanchez’s
mismanagement of his investment portfolio. Elizo... More...
   $0 (01-09-2018 - NV)

Mark Herll; Patricia Herll v. Auto-Owners Insurance Company Eighth Circuit Courthouse - St. Louis, Missouri

Auto-Owners Insurance Company appeals the district court’s order granting
summary judgment in favor of its insured, Mark and Patricia Herll, in a dispute
concerning damage from a hailstorm to windows in the Herlls’ home. The parties
could not agree on a loss amount for the damage, so they submitted the loss
determination to an appraisal panel in accordance with the policy. The pane... More...
   $0 (01-08-2018 - MO)

J. Brent Arave v. Merrill Lynch, Pierce, Fenner & Smith, Inc.

Plaintiff and appellant, J. Brent Arave, brought several claims under the California
Fair Employment and Housing Act (FEHA) (Gov. Code, § 12900 et seq.) against his
former employers, Merrill Lynch, Pierce, Fenner & Smith, Inc. (Merrill Lynch), Bank of
America (BoA), his supervisor Joseph Holsinger, and a human resources supervisor,
Katherine Anderson (collectively, defendants). He ... More...
   $0 (01-04-2018 - CA)

Justin Kim v. Reins International California, Inc.

Appellant Justin Kim sued his former employer, Reins
International California, Inc., alleging individual and class
claims for wage and hour violations, and seeking civil penalties
on behalf of the State of California and aggrieved employees
under Labor Code section 2698 et seq., the Labor Code Private
Attorneys General Act of 2004 (PAGA). Reins successfully moved
to compel ... More...
   $0 (12-31-2017 - CA)

Tracia Dominguez v. Florida Power & Light Lee County Courthouse - Fort Myers, Florida

Fort Meyers, FL - Jury Awards Mother of Dead Son $24 Million In Damages

Tricia Dominguez sued Florida Power and Light on a negligence theory claiming that her son, Justin, age 15, was electrocuted and died when bamboo he was climbing came into contact with a power line owned by the Defendants.

Plaintiff claimed that the Defendant knew of the danger and that it needed to rectified... More...
   $0 (12-24-2017 - FL)

Rodney D. Bailey v. Dallas County, Texas; Dallas County Sheriff's Department Civil Service Commission and Juanita H. Nanez, Steve Hanna and Dwayne Bishop, In their Official Capacities as Members of the Sheriff's Department Civil Service Commission

This case concerns a district court’s subject-matter jurisdiction to hear the case of a deputy sheriff, Rodney D. Bailey, who was terminated by Dallas County and whose civil service proceeding was dismissed. Bailey appeals the trial court’s dismissal of his suit against Dallas County, the Dallas County Sheriff’s Department’s Civil Service Commission, and the members of the Commission. Bailey bring... More...   $0 (12-21-2017 - TX)

Carol Lee Craig v. Southwest Securities, Inc. & John C. Coyle

Appellant Carol Lee Craig appeals from a final judgment confirming an arbitration award. In two issues, she contends the trial court erred in dismissing her motion to vacate the arbitration award because she timely served notice of the motion and, even if the service was untimely, the trial court should have equitably tolled the deadline for service. For the following reasons, we affirm the trial ... More...   $0 (12-18-2017 - TX)

Pasadera Builders, LP v. Todd Hughes

Pasadera Builders, LP appeals the trial court’s order granting Todd Hughes’s motion to confirm an arbitration award and denying Pasadera’s motion to vacate a portion of the arbitration award. Pasadera contends the trial court erred in refusing to vacate the portion of the arbitration award finding neither party was a prevailing party entitled to attorney’s fees, expenses, and arbitration costs und... More...   $0 (12-13-2017 - TX)

Virgil Jensen v. U-Haul Company of California

In this tort action, plaintiffs and respondents Virgil Jensen and Glenda Jensen
contend that they suffered damages caused by a negligently maintained rental truck,
which blew a tire while Virgil Jensen was driving it. Defendant and appellant U-Haul
Co. of California (UHCA) appeals from the trial court’s denial of its motion to compel
1
arbitration. UHCA contends that plaintiffs... More...
   $0 (12-11-2017 - CA)

Optional Capital , Inc. v. Akin Gump Straus, Hauer and Feld, LLP

Optional Capital, Inc. (Optional or Plaintiff) sued
various entities and individuals, including DAS Corporation
(DAS) and its counsel—Akin Gump Straus Hauer & Feld
LLP (Akin) and Parker Shumaker Mills LLP, David Parker
and William Mills (collectively, Parker) (collectively with
Akin, Defendants)—for conversion and fraudulent transfer.
Plaintiff sought to recover from Defend... More...
   $0 (12-08-2017 - CA)

Saul M. Kaufman and J.G. Goodman v. American Express Travel Related Services Company, Inc. Seventh Circuit Court of Appeals Courthouse - Chicago, Illinois

aul Kaufman, as lead plaintiff in a
class action, sued American Express Travel Related Services
2 No. 16‐1691
Company, Inc. (“Amex”), alleging claims for breach of contract,
unjust enrichment, and statutory fraud related to
Amex’s general‐use, prepaid gift cards. Just over two years
after Kaufman filed the class action, Kaufman (on behalf of
the class) and A... More...
   $0 (12-07-2017 - IL)

State Farm General Insurance Company v. Watts Regulator Co.

A nonprofit organization (Arbitration Forums, Inc. or AF)
provides arbitration services for insurers and self-insured
companies who become members of AF by signing its “Property
Subrogation Arbitration Agreement” (the AF arbitration
agreement). Plaintiff State Farm General Insurance Company
and defendant Watts Regulator Company are members of AF
that signed the AF arbitrati... More...
   $0 (12-03-2017 - CA)

City of Fontana v. California Department of Tax and Fee Administration, City of Ontario, Real Parties in Interest

If a municipality imposes a sales tax, the State Board of Equalization (Board or
BOE) has the statutory authority to collect and then remit the tax back to the
municipality. But what if more than one municipality claim that the taxable sale occurred
within its jurisdiction? Included in the Board’s authority is the power to determine where
sales of personal property occur, and the c... More...
   $0 (11-28-2017 - CA)

Malissa Julian v. Glenair, Inc.

Appellant Glenair, Inc., challenges the denial of its motion to
compel arbitration of respondents’ claim under the Labor
Code Private Attorneys General Act of 2004 (PAGA; Lab.
Code, § 2698 et seq.). Glenair contends an agreement
respondents executed during their employment with the
company was an enforceable postdispute agreement
obligating them to arbitrate the claim. We h... More...
   $0 (11-28-2017 - CA)

Citizens of Humanity v. Applied Underwriters, Inc.

Defendants and appellants Applied Underwriters, Inc.
(Applied Underwriters), California Insurance Company (CIC),
Continental Indemnity Company (CNI), Applied Risk Services,
Inc., Joan Sheppard, Westin Fredrick Penfield, and Michael Scott
Wichman (collectively, defendants) appeal from an order denying
their petition to compel arbitration of a dispute with plaintiffs
and resp... More...
   $0 (11-26-2017 - CA)

Francisco Diaz v. Professional Community Management, Inc.

A “sharp practice” is defined as a “dealing in which advantage is taken or
sought unscrupulously.” (Webster’s 3d New Internat. Dict. (2002) p. 2088.) This is an
appeal borne of sharp practices.
Defendant Professional Community Management, Inc. (PCM), unilaterally
orchestrated the issuance of an appealable order by: (1) applying ex parte, a mere 11 days
before trial, for an orde... More...
   $0 (11-09-2017 - CA)

Jason Cannon v. Bodensteiner Implement Company, et al. Iowa Supreme Court

An independent contractor providing liquid manure disposal
services purchased a used Case IH tractor from a John Deere implement
dealer. When the tractor proved to be a “lemon,” the contractor brought
claims against multiple parties, including the implement dealer. The
trial court granted all of the defendants’ motions for summary judgment.
The contractor appealed and we transf... More...
   $0 (11-08-2017 - IA)

Thomas Rael v. Smith's Food and Drug Centers, Inc. Tenth Circuit Court of Appeals Courthouse - Denver, Colorado

Thomas Rael appeals the district court’s dismissal of his state law tort claims
as preempted by § 301 of the Labor Management Relations Act (“LMRA”),
29 U.S.C. § 185(a). Exercising jurisdiction under 28 U.S.C. § 1291, we affirm.
2
I. Factual Background
Rael worked for Smith’s Food and Drug Centers as a meat cutter for 25 years
until he resigned in December 2014. The terms o... More...
   $0 (11-07-2017 - CO)

SJ Spero and Associates, P.C. v. Barbara Fain Davis and Lance Davis

Appellant SJ Spero & Associates, P.C. (“Spero”) appeals from the trial court’s order setting aside a default judgment granted in favor of Spero and dismissing Spero’s claims against appellees Barbara Fain Davis and Lance Davis (together, “the Davises”). In its first issue, Spero argues the trial court erred in setting aside the default judgment because there was no finding that the Davises were no... More...   $0 (11-05-2017 - TX)

Troy Flowers v. Financial Industry Regulatory Authority, Inc.

In the period between 2000 and 2001, plaintiff and appellant Troy Flowers's
application for a securities sales license was rejected by Ohio state officials because they
found that he was "not of 'good business repute.' " In addition, Flowers was subjected to
discipline by securities regulators with respect to his violation of securities laws and
2
regulations and his failure t... More...
   $0 (11-05-2017 - CA)

Arthur Clemens, Jr. v. Centurylink, Inc. and QWest Corporation Ninth Circuit Court of Appeals Courthouse - San Francisco, California

Arthur Clemens, Jr., sued his employer Qwest Corporation (“Qwest”) for Title VII violations. A jury awarded damages for back pay and emotional distress, as well as punitive damages. On appeal, Clemens challenges the district court’s refusal to consider adjusting his lump-sum back-pay award to account for the corresponding increase in his tax liability. We have jurisdiction under 28 U.S.C. § 1291. ... More...   $0 (11-03-2017 - WA)

Antony Lee Turbeville v. Financial Industry Regulatory Authority Eleventh Circuit Court of Appeals - Elbert P. Tuttle Federal Courthouse - Atlanta, Georgia

Before us is the District Court’s dismissal of Antony Turbeville’s complaint
against the Financial Industry Regulatory Authority (“FINRA”) and its denial of
Turbeville’s motion to remand the case to Florida state court. We affirm both.
I.
A.
The Securities Exchange Act of 1934 (“Exchange Act”) provides that
persons who wish to use any instrumentality of interstate commerce ... More...
   $0 (11-01-2017 - FL)

Maya Baxter v. Genworth North America Corporation

Plaintiff Maya Baxter sued her former employer, defendant Genworth North
America Corporation (Genworth), for wrongful termination and related causes of action
arising out of her employment. Genworth moved to compel arbitration of the dispute.
On appeal from an order denying its motion to compel arbitration, Genworth contends the
trial court erred in concluding the arbitration agree... More...
   $0 (10-29-2017 - CA)

City of West Hollywood v. Anne Kihagi

Anne Kihagi, 1263 North Crescent, LLC, and Aquat
009, LLC (collectively Kihagi) appeals the trial court
judgment in favor of City of West Hollywood (City) finding
that Kihagi violated her settlement agreement with the City
and permanently enjoining her from terminating tenancies
at 1263–1267-1/2 North Crescent Heights Boulevard in West
Hollywood. The trial court also awarde... More...
   $0 (10-28-2017 - CA)

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