C-Sculptures, LLC v. Brown S.C. Code Ann. § 40-11-370(C) and our case law are clear: Any builder who enters into a contract for home construction without obtaining the required license cannot enforce the contract. The arbitrator manifestly disregarded the law when he allowed a contractor – who is only licensed up to $100,000 -- to enforce a contract to build an $800,000 house.
IntegraMed America, Inc. v. Patton Defendants are entitled to compel arbitration, but they are not entitled to change the terms of the parties’ arbitration agreement.
Smith v. D.R. Horton, Inc. The parties’ contract was unconscionable in that it attempted to disclaim implied warranties and it exempted the defendant-builder from monetary damages; we do not find the contract’s arbitration clause to be severable.
Landers v. Federal Deposit Insurance Corp. Given the breadth of the arbitration clause in plaintiff’s employment contract and his allegations linking his tort and corporate claims to his employment, the court finds that all of plaintiff’s claims are subject to arbitration.
Wells Fargo Bank, N.A. v. EGIS 521, LLC Defendants did not demand arbitration until approximately 16 months after the commencement of this commercial foreclosure action, after defendants had enjoyed the benefit of discovery, and after the plaintiff-bank had incurred time and expense in engaging in discovery and preparing its motions to compel and for summary judgment.
Goldberg v. C.B. Richard Ellis, Inc. Where plaintiffs attack the validity, not of the arbitration provision, but of the entire contract, plaintiffs’ claims are subject to arbitration.
Whitman v. Legal Helpers Debt Resolution, LLC In the parties’ credit counseling contract, the arbitration clause’s final two sentences (“The costs of arbitration, excluding legal fees, will be split equally or be borne by the losing party, as determined by the arbitrator.
St. Denis v. OneMain Financial The broad arbitration clause in the parties’ employee handbook carves out an exception for “disputes which by statute are not arbitrable.
Rota-McLarty v. Santander Consumer USA Inc. A district court erred in applying Maryland law, instead of the Federal Arbitration Act, to deny a financing company’s motion to compel arbitration of a car buyer’s lawsuit; the 4th Circuit says the financing company did not waive arbitration by delaying about six months before filing its motion to compel and using “litigation machinery” to remove the case to federal court, file an answer and take the car buyer’s deposition.
Pearson v. Hilton Head Hospital Even though the plaintiff-employee did not sign the contract between the defendant-employer and the defendant-temp agency, both that contract and the one between the employee and the temp agency include arbitration clauses.
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