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Arbitration

Arbitration – Contract Formation – N.C. Law – Lack of Signature – Real Property — Appraisal (access required)

Goldberg v. C.B. Richard Ellis, Inc. Where an intermediary, The Berman Group, arranged for defendant to appraise certain Horry County property in relation to a refinancing loan, but where Berman never signed defendant’s “appraisal agreement” -which includes an arbitration clause — nor indicated acceptance as required by the agreement, defendant has failed to show the formation of a contract that includes an arbitration clause.

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Arbitration – Nursing Home Contract – Equitable Estoppel – Interstate Commerce – Tort/Negligence – Wrongful Death (access required)

McCutcheon v. THI of S.C. at Charleston, LLC Plaintiff cannot seek to enforce the terms of a nursing home admission agreement while simultaneously seeking to escape enforcement of the arbitration agreement he signed at the same time. Defendant’s motion to dismiss and compel arbitration is granted.

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Arbitration – Conditions Precedent – Negotiation – Questions for Arbitrator (access required)

PTA-FLA, Inc. v. ZTE USA, Inc. Where the parties’ contract requires them to engage in negotiations before taking a dispute to arbitration, questions regarding whether the negotiations were carried out according to the contract are for the arbitrator and not the court. Defendant’s motion to compel arbitration is granted. This case is dismissed without prejudice.

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Arbitration – Valid Agreement – Nursing Home – Resident’s Contract (access required)

THI of South Carolina at Columbia, LLC v. Wiggins Even though the now-deceased nursing home resident did not sign the contract with the nursing home, the contract was signed on the resident’s behalf by an immediate relative, and the resident’s care was the essential purpose of the contract. Thus, the resident was an intended third-party beneficiary of the contract, the resident was bound by the contract’s arbitration provision, and the arbitration provision remains binding on his estate.

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Arbitration – Cell Phone Service Contract – Timely Cancellation – Employees’ Misconduct – Arbitrability (access required)

Rhodall v. Verizon Wireless of the East, L.P. Even though plaintiff alleges she cancelled her cell phone contract within the trial period, and even though she alleges misconduct by defendant’s employees in appropriating her phone and account for their own personal use, plaintiff’s claims against defendant are subject to the arbitration clause in the cancelled contract. Defendant’s motion to dismiss and compel arbitration is granted.

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Arbitration – Contract – Coal Supply — $10.5M Award (access required)

Central West Va. Energy Inc. v. Bayer Cropscience LP An arbitration panel did not exceed its powers when it considered the validity of a 2008 agreement between Central West Virginia Energy Company and an industrial park in Kanawha County, W.Va., for CWVE to supply coal to the park for a two-year period, and the 4th Circuit upholds a $10.5 million award to the industrial park.

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Arbitration – Labor & Employment – Application – Employment Contract – Merger Clause – Waiver – Litigation Participation (access required)

Davis v. KB Home of South Carolina, Inc. Even though there was an arbitration clause in the employment application that plaintiff filled out, the parties’ subsequent employment contract did not have an arbitration clause, and it did have a merger clause. Thus, plaintiff is not required to submit his wrongful termination claim to arbitration. We affirm the circuit court’s denial of defendants’ motion to compel arbitration.

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