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.Read More »
Arbitration – Nursing Home Contract – Equitable Estoppel – Interstate Commerce – Tort/Negligence – Wrongful Death
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.Read More »
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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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.Read More »
Arbitration – Cell Phone Service Contract – Timely Cancellation – Employees’ Misconduct – Arbitrability
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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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.Read More »
Arbitration – Labor & Employment – Application – Employment Contract – Merger Clause – Waiver – Litigation Participation
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.Read More »
Richland Horizontal Property Regime Homeowners Association, Inc. v. Sky Green Holdings, Inc. Where the master deed for a condominium building had a cover sheet which was definitely part of the deed, the arbitration clause on the next page of the master deed was . . .Read More »
Levin v. Alms & Associates Inc. (Lawyers Weekly No. 001-038-11, 17 pp.) (Duncan, J.) No. 10-1896, Feb. 10, 2011; USDC at Baltimore (Garbis, J.) 4th Cir. Holding: In an investment firm’s appeal of the district court’s denial of mandatory arbitration ...Read More »