According to the Florida Court of Appeals, a party, by filing an answer and participating in minimal discovery, did not waive its right to compel arbitration. What seems to have determinatively impacted the outcome, in Performance Air Mechanical, Inc. v. Miller Construction Services, Inc., is the failure of the opposing party to “file an answerContinue reading “Court Rejects Claim That Party Waived Right To Arbitrate”
Author Archives: Robert Harris
Court Determines Arbitrator Must Decide Whether Claim Is Subject To Arbitration
In Doe v. TCSC, LLC, d/b/a Hendrick Toyota of North Charleston, the South Carolina Court of Appeals punted to an arbitrator to decide whether a car dealer’s broad arbitration provision encompasses events arising four-and-a-half years after Jane Doe purchased her car. The factual context, as described by the court: “Doe returned to the dealership toContinue reading “Court Determines Arbitrator Must Decide Whether Claim Is Subject To Arbitration”
Participation In Litigation Constituted Waiver Of Right To Arbitrate
“We conclude substantial evidence supported the trial court’s determination that Defendants waived their right to arbitrate the dispute.” So concludes a California Court of Appeal in T&S Therapy Centre International, Inc. v. Apex Dental Sleep Lab Incorporated.
Attorney’s Challenges Re Arbitrator Result In Sanctions For His Client
Against a fact pattern that will make your head spin, a three judge Pennsylvania panel in Wallace v. State Farm Mutual Auto Insurance has affirmed a sua sponte award of attorneys’ fees against a party whose attorney raised “vexatious and obdurate” challenges to the arbitrator’s participation.
Court Rejects Attempt To Disqualify Attorney Who Urged Class Members To Pursue Arbitration
The United States District Court (Minnesota) on June 29, 2020 denied CenturyLink’s motion to disqualify a law firm that it contends sought to undermine a class action settlement by encouraging the class members to pursue individual arbitration claims (MDL 17-2795 (MJD/KMM). As the court held, “[o]verall, the Court finds that CenturyLink lacks standing to assertContinue reading “Court Rejects Attempt To Disqualify Attorney Who Urged Class Members To Pursue Arbitration”
Judicial Confirmation Of Arbitration Award Required To Provide Final Judgment
An employer who obtained a favorable arbitration decision in an employee matter failed to seek judicial confirmation of the award, thus no final judgment entered. Under California law, the absence of a judgment precluded the employee from appealing the lower court’s denial of his motion to vacate the award. Baah v. Sentinel Consumer Services, Inc.
Court Confirming Arbitration Award Not Permitted To Enter Judgment On Count Not Linked To The Award
In Chinlund v. Heffernan Builders, LLC, an Illinois appellate court held that, while it was appropriate for the trial court to affirm an arbitration award, it erred in entering judgment on a count for fraud when the award did not specifically attribute the award to the fraud count.