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Arbitration – Nursing Home – Admission Contract – Separate Arbitration Agreement – Agency
While the Adult Health Care Consent Act gave patient Betty’s son, Kaileb, authority to sign a nursing home Admission Agreement on behalf of Betty, the AHCCA did not give Kaileb authority to sign a separate Arbitration Agreement on Betty’s behalf. Although Kaileb signed both agreements at the same time, the terms of the Arbitration Agreement […]
Arbitration – Motion to Compel – Prima Paint Doctrine – Challenge to Contract – Reality TV
Plaintiff is a politician who agreed to appear in a reality TV show with his then-girlfriend. He challenges his entire contract with defendants – which included an arbitration clause and clearly said he might be portrayed in a negative light. When plaintiff was indeed portrayed in a negative light, plaintiff sued. In response to defendants’ […]
Arbitration – Assigned Contractor – Original Party – Arbitrability – Question for Arbitrator
Plaintiff bought a car from defendants and entered into a retail installment sales contract (RISC), which contained an arbitration clause. Even though defendants assigned the RISC to a third party, an arbitrator – and not the circuit court – must decide the question of whether plaintiff’s misrepresentation claims against defendants are subject to arbitration. We […]
Arbitration – FAA – Interstate Commerce – Contract Recitation
Even though the parties’ contract said any dispute would be resolved by binding arbitration “governed by” the Federal Arbitration Act, since there was no showing that the contract involved interstate commerce, the notice requirements of the South Carolina Arbitration Act still applied. We reverse the Court of Appeals’ decision, which had overturned the circuit court’s […]
Tiger Woods’ lawyers try to stop ex-girlfriend’s lawsuit
Attorneys for golf superstar Tiger Woods are expected to argue Tuesday during a court hearing that his ex-girlfriend’s lawsuit against him should be halted because she signed a nondisclosure agreement requiring that any disagreements between them be settled in private by an arbitrator. Erica Herman, 39, is suing Woods to get out of the agreement, […]
Arbitration – Construction Subcontracts – Conflicting Provisions – Construed against Drafter
In this litigation arising out of a subcontractor’s (defendant IES Commercial Inc.) alleged failure to pay for the work of a sub-subcontractor (plaintiff Greenwood Inc.), the dispute resolution clause in the contract between the parties, which was drafted by IES (the Greenwood subcontract) provides that, if either party refuses to arbitrate a dispute, then the […]
Arbitration – Home Purchase – Unconscionable Limitations Period – Severable – Separate Warranty Provisions
In the contract pursuant to which the plaintiff-buyers bought a home from the defendant-builder, the final two sentences of the arbitration provision unconscionably shorten the limitation period for claims from three years to either 90 or 30 days, depending upon the claim. Although there is no severability clause in the arbitration provision, the offending sentences […]
Arbitration – Nursing Home – Admission Paperwork – Resident’s Son – Separate Documents
Even though the Adult Health Care Consent Act gave the decedent’s son authority to sign a nursing home admission agreement on his mother’s behalf, the Act did not give the son authority to sign a separate arbitration agreement. The decedent’s estate is not bound by the arbitration agreement. We affirm the circuit court’s denial of […]
Arbitration – Law of the Case & Appellate Mandate – Successive Contracts – Insurance & Consulting – Kickback Scheme – Schools & School Boards
Although our decision in a prior appeal said the parties’ 2002 and 2003 brokerage service agreements (BSAs) were irrelevant because they predated an alleged steering and kickback scheme, the trial on remand produced substantially different evidence, i.e., testimony that part of the plaintiff-school district’s damages arose from insurance policies procured or services provided while the [&helli[...]
Arbitration – Unconscionability – Home Buyer’s Contract – Selection of Parties
In a take-it-or-leave-it home buyer’s contract, the defendant-builder included an arbitration clause with unconscionable provisions, most notably giving the builder the exclusive right to determine which parties would be included in the arbitration. We decline to strike the offending provisions; instead, we deem the arbitration clause unenforceable. We affirm the Court of Appeals’ determinat[...]
Arbitration – Labor & Employment – Email with Links – Opt-out Procedure
A month after plaintiff went to work for defendant, defendant sent her an email with links to a cover letter, frequently asked questions and an agreement to arbitrate any disputes arising from plaintiff’s employment. Under the terms of the email and linked documents, since plaintiff continued to work for defendant, she agreed to arbitrate the […]
Arbitration – Home-Buying Contract – Limitations Period – Severability
Although the limitations period of the arbitration clause in the parties’ contract is one-sided and oppressive, this unconscionable provision is severable. As modified, we affirm the circuit court’s grant of defendant’s motion to dismiss and compel arbitration. When plaintiffs bought a home from the defendant-builder, they signed a contract that disclaimed all warranties except for [&hel[...]
Business Law
- Economy forces attorneys to get down to business
- Business Court judges trawl for customers
- Va. company's Web site did not subject business to personal jurisdiction in S.C., appeals panel rules
- Former running back from S.C. wins courtroom victory in contract dispute
- Contract – Government Contract – Qui Tam – False Claims Act
- Tort – Business Tort – Va. Computer Crimes Act – Trade Secrets
- Consumer Protection – FCRA – Auto Loan – Bank Accounting Errors
- Licenses & Permits – Beer & Wine Permit – Restrictive Covenant – Suitable Location
- Licenses & Permits – Veterinarian – Vaccine Maintenance
- State regulators look at car dealer accused of lying to customers
- Textile firm, railroad settle Graniteville train wreck lawsuit
- Subprime mortgage meltdown hits securities law
Commentary
- High court justices cross the line of propriety
- High court’s term was rough on big business
- The flip side of generative AI in law and how to address it
- The fight for equal educational opportunity continues
- Letter From The Editor – Working from Home
- NLRB joins FTC in taking aim at non-competes
- Supreme Court leaves key internet protection untouched
- US Supreme Court bites back at parody’s use of the First Amendment
- My goal: Provide the information that you need now
- Case study: North Carolina courts provide guidance on scope, limitations of attorney-client privilege
- A Different Ode to Pro Bono Work
- N.C. Bar Association embraces homophobia
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