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Archive for the ‘Arbitration’ Category

Eighth Circuit refuses to apply “look through” approach to §4 petitions to compel arbitration under the FAA based on diversity jurisdiction.

Posted in Arbitration, Practice & Procedure, tagged , on May 17, 2010 | 2 Comments »

Northpoint Health Services of Arkansas, LLC v. Wayne Rutherford & Tresa Robinson, Nos. 09-2433 & 09-2435. Wayne Rutherford and Tresa Robinson, as representatives of Isaac Rutherford and Donna Faye Snow, respectively, brought separate state actions against nursing home facilities in Fayetteville and Springdale, Arkansas, that were operated by Northpoint Health Services of Arkansas, LLC (“Northpoint”) [...]

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Arkansas Court of Appeals explains that contract claims, even though couched as tort claims, are subject to arbitration.

Posted in Arbitration, Contract Law, Torts, tagged , , on April 10, 2009 | Leave a Comment »

CEI Engineering Associates, Inc. v. Elder Construction Co., No. CA 08-601. In 2005, Elder Construction Company (“Elder”) contracted with CEI Engineering Associates, Inc. (“CEI”), to perform engineering services related to six construction projects.  Under the contract, the parties agreed to settle all claims regarding “interpretation, application or enforcement” of the contract through binding arbitration.  In [...]

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Third Circuit holds that arbitration clauses can be struck down if they contain class-arbitration waivers.

Posted in Arbitration, Contract Law on February 26, 2009 | Leave a Comment »

American Express was sued over the terms of its Blue Cash rewards program, but the case was dismissed because the credit card contracts required each member of the class to enter into arbitration with American Express individually.  On appeal, the Third Circuit Court of Appeals noted there was a question of whether state law would [...]

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Eighth Circuit holds that executing on a surety bond requires only but-for causation.

Posted in Arbitration, Construction Law, Contract Law, Insurance Law on February 4, 2009 | Leave a Comment »

Spirtas Co. v. Ins. Co. of the State of Penn., No. 07-1547. Contracts A contractor entered into a $2.8 million agreement with a property owner to remove asbestos from the property.  The remediation contract contained an arbitration clause.  The property owner required the contractor to obtain a $2.8 million surety bond for the work.  The [...]

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Arkansas Court of Appeals upholds choice of law provision in employment contract.

Posted in Arbitration, Contract Law, Employment Law on December 10, 2008 | Leave a Comment »

Terminix Int’l Co. v. Trivitt, No. CA 08-233 A terminated employee brought a suit against her former employer for defamation and outrage.  The employer moved to compel the case to arbitration based on the arbitration clause included in the employee’s employment contract.  The arbitration clause at issue stated that the arbitration agreement would be governed [...]

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Eighth Circuit holds that arbitration clause of terminated credit agreement is assignable.

Posted in Arbitration, Contract Law on December 8, 2008 | Leave a Comment »

Koch v. Compucredit Corp., No. 07-1948 Plaintiff sued a group of creditors who took over collections of a defunct bank for violating the Fair Debt Collection Practices Act and the Arkansas Deceptive Trade Practices Act.  The defendant creditors moved to compel arbitration under the arbitration clause of the credit agreement, but the trial court denied [...]

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