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Arbitration Law
 
Douglas O'Connor, et al. v. Uber Technologies, Inc.

Current and former Uber drivers filed several putative
class actions alleging on behalf of themselves and other
drivers that Uber Technologies, Inc. and related defendants
(collectively referred to as “Uber”), violated various federal
and state statutes by, among other things, misclassifying
drivers as independent contractors rather than employees.
Multiple cases were conso... More...
   $0 (10-09-2018 - CA)

DARDEN RESTAURANTS, INC., et. al vs WILDRED OSTANNE





In 2010, the parties signed an agreement titled “Dispute Resolution Process” (“DRP”). The DRP was a stand-alone agreement, not part of an employment contract. The DRP provides for a four-step process to address and resolve “covered employment-related dispute... More...
   $0 (10-08-2018 - FL)

STATE OF OHIO vs. LORENZO WALKER





On May 11, 2016, Backus and Jerdon Louiso were working as
“spotters” for a towing company. Their job was to drive around in search of vehicles
that were to be repossessed. While traveling in Backus’s vehicle and looking for a
particular car in Spring... More...
   $0 (10-04-2018 - OH)

Alex Cheveldave v. Tri Palms Unified Owners Association

Tri Palms Unified Owners Association (the Association) is a group of
homeowners in the Tri-Palms Estates.
There is a recreation facility adjacent to the TriPalms
Estates, and homeowners pay a fee for that recreation facility. In 2014, in
bankruptcy proceedings, Kort & Scott Financial Group, LLC (K&S) was the successful
bidder on the recreation facility. The Association entered... More...
   $0 (10-04-2018 - CA)

Peter Humphrey v. Glaxosmithkline, PLC




Section 1964(c) of the Racketeer Influenced and
Corrupt Organizations Act (“RICO”), 18 U.S.C. §§ 1961–
1968, creates a private right of action for a plaintiff that “is
injured in his [or her] business or property” as a result ... More...
   $0 (10-03-2018 - PA)

NORTHERN KENTUCKY AREA DEVELOPMENT DISTRICT V. DANIELLE SNYDER



The Northern Kentucky Area Development District





NKADD is a government entity created under KRS 147A.050 et. seq. It is
funded by taxpayers to administer social programs in an eight-county area of
Northern Kentucky. It receives federal funds for various social pr... More...
   $0 (10-01-2018 - KY)

Douglas O'Connor v. Uber Technologies, Inc.




Current and former Uber drivers filed several putative
class actions alleging on behalf of themselves and other
drivers that Uber Technologies, Inc. and related defendants
(collectively referred to as “Uber”), violated various federal
and state statutes by, among other thi... More...
   $0 (09-30-2018 - ca)

Robert Findleton v. Coyote Valley Band of Pomo Indians

This is our third appeal concerning contractor Robert Findleton’s attempts to
enforce arbitration clauses in agreements he entered into with the Coyote Valley Band of
Pomo Indians (the Tribe), which failed to pay him for work he performed for the Tribe.
In the first appeal, we held the Tribe had waived its sovereign immunity for purposes of
arbitrating the contract disputes and tha... More...
   $0 (09-26-2018 - CA)

National Federation of the Blind v. The Container Store, Inc.




Appellees/Plaintiffs, the National Federation of the Blind ("NFB"), Mika Pyyhkala, Lisa
Irving, Jeanine Kay Lineback, and Arthur Jacobs ("individual
plaintiffs"),1 filed a complaint in district court against
Appellant/Defendant, the Container Store, Inc. ("Container
Sto... More...
   $0 (09-23-2018 - MA)

Jpay, Inc. v. Cynthai Kobel, Shalanda Houston





At issue today is a question at the intersection of arbitration and class action jurisprudence, a question that has been expressly left open by the Supreme Court and which comes to this Circuit as a matter of first impression. The parties agree that their disputes will ... More...
   $0 (09-23-2018 - FL)

Hickory Heights Health & Rehab, LLC v. Mabel Keller Cook

This is an interlocutory appeal concerning the denial of a motion to compel
arbitration. Appellants are Hickory Heights Health and Rehab, LLC; Central Arkansas
Nursing Centers, Inc.; Nursing Consultants, Inc. d/b/a Professional Nursing and
Rehabilitation Services; Tina Lynette Beard, individually and as nursing home
administrator for Hickory Heights Health and Rehab, LLC; Micha... More...
   $0 (09-14-2018 - AR)

James Morden v. XL Specialty Insurance District of Utah Federal Courthouse - Salt Lake City, Utah

This appeal concerns an assigned claim on a liability-insurance policy. Belsen
Getty, LLC, a registered investment adviser owned by Terry Deru, obtained a claimsmade
financial-services-liability policy (the Policy) from XL Specialty Insurance
Company covering Belsen Getty and its advisers for the period from October 9, 2010, to
October 9, 2011. Under the policy, XL had no duty to d... More...
   $0 (09-11-2018 - UT)

Richard Dent v. National Football League Northern District of California Federal Courthouse - San Francisco Morelaw Internet Marketing National Find A Lawyer Directory 888-354-4529

This appeal requires us to decide whether a variety of
state-law claims brought against the National Football
League (NFL) by former professional football players are
preempted by § 301 of the Labor Management Relations Act
(LMRA), 29 U.S.C. § 141.
The district court held that the players’ claims are
preempted and dismissed their suit. We disagree. As pled,
the players’... More...
   $0 (09-10-2018 - CA)

InfoSpan, Inc. v. Emirates NBD Bank, PJSC Central District of California Federal Courthouse - Los Angeles, California Morelaw Internet Marketing National Find A Lawyer Directory 888-354-4529

A defendant that timely asserts that the district court lacks
personal jurisdiction and litigates the issue to an adverse
decision from the district court does not waive the personal
jurisdiction defense by vigorously litigating defenses to the
merits, including by asserting counterclaims against other
parties. Emirates NBD Bank PJSC (the “Bank”) was entitled
to litigate it... More...
   $0 (09-10-2018 - CA)

Ronald A. Cup v. AMPCO Pittsburgh Corporation, et al. Western District of Pennsylvania Courthouse - Pittsburgh, Pennsylvania

This case involves a dispute over retiree healthcare benefits. Retired union member Ronald Cup and similarly situated retirees requested—and the District Court ordered—arbitration of the dispute under the Labor Management Relations Act (LMRA), 29 U.S.C. § 185. Ampco Pittsburgh Corporation, its subsidiary Akers National Roll Company, and Akers’ health and welfare benefit plan (collectively, the Com... More...   $0 (09-04-2018 - PA)

Ridge Natural Resources, LLC, Calvin Smajstrla, Christopher Hawa and Wilson Hawa v. Double Eagle Royalty, LP Ridge Natural Resources LLC Mineral Rights

Although an in-depth examination of oil-and-gas principles is not necessary to resolve the merits of this appeal, we pause briefly to define the various rights at issue in a mineral estate so as to ground our subsequent discussion and provide context as to what rights the McDaniels purportedly believed they were conveying, and what rights may have actually been conveyed in the agreement the Mc... More...   $0 (09-02-2018 - TX)

Sheppard, Mullin, Richter and Hampton, LLP v. J-M Manufacturing Company, Inc.

A large law firm agreed to represent a manufacturing company in a federal
qui tam action brought on behalf of a number of public entities. During the same
time period, the law firm represented one of these public entities in matters
unrelated to the qui tam suit. Both clients had executed engagement agreements
that purported to waive all such conflicts of interest, current or futur... More...
   $0 (09-02-2018 - CA)

Martin J. Coyne v. Diego De Leo

In this unlawful detainer action filed under the Ellis Act (Gov. Code, § 7060
et seq.), defendant Diego De Leo appeals from a judgment of possession entered in favor
of his landlord, Martin J. Coyne. De Leo argues, inter alia, the trial court committed
prejudicial error in its exclusion of evidence. We agree the trial court abused its
discretion in excluding the evidence and revers... More...
   $0 (08-28-2018 - CA)

Branches Neighborhood Corporation v. Calatlantic Group, Inc.

Plaintiff Branches Neighborhood Corporation (Branches or the
association), a community association incorporated pursuant to the Davis-Stirling
Common Interest Development Act (Civ. Code, § 4000, et seq.)(the Act), filed an
arbitration claim against the association’s developer, defendant CalAtlantic Group, Inc.,
formerly known as Standard Pacific Corp. (Standard), for construction d... More...
   $0 (08-27-2018 - CA)

Branches Neighborhood Corporation v. Calatlantic Group, Inc.

Plaintiff Branches Neighborhood Corporation (Branches or the
association), a community association incorporated pursuant to the Davis-Stirling
Common Interest Development Act (Civ. Code, § 4000, et seq.) (the Act), filed an
arbitration claim against the association’s developer, defendant CalAtlantic Group, Inc.,
formerly known as Standard Pacific Corp. (Standard), for construction ... More...
   $0 (08-25-2018 - CA)

Alfredo Fuentes v. TMCSF,Inc.

Plaintiff Alfredo Fuentes entered into a written agreement with defendant TMCSF,
Inc., doing business as Riverside Harley-Davidson (Riverside), to buy a motorcycle. At
the same time, he entered into a written agreement with Eaglemark Savings Bank
(Eaglemark) to finance the purchase. The latter agreement included an arbitration clause;
the former agreement did not.
2
Fuentes... More...
   $0 (08-24-2018 - CA)

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)

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