Hall v. Green Tree Servicing, LLC (Lawyers Weekly No. 011-060-15, 8 pp.) (H. Bruce Williams, J.) Appealed from Richland County Circuit Court (Alison Renee Lee, J.) S.C. App. Holding: An arbitration clause does not need specific language saying it covers ...

Tagged with: Arbitration

Dillon v. BMO Harris Bank NA (Lawyers Weekly No. 001-093-15, 19 pp.) (Duncan, J.) No. 14-1728, May 29, 2015; USDC at Greensboro, N.C. (Eagles, J.) 4th Cir. Holding: A plaintiff who has filed a putative class action seeking to avoid ...

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Freight Drivers & Helpers Local Union No. 557 Pension Fund v. Penske Logistics LLC (Lawyers Weekly No. 001-077-15, 22 pp.) (Niemeyer, J.) No. 14-1464, April 21, 2015; USDC at Baltimore, Md. (Hollander, J.) 4th Cir. Holding: A pension fund seeking ...

Tagged with: Arbitration

It’s fleetingly rare to see a federal judge overturn an arbitration award, much less see one do so with the enthusiasm displayed by U.S. District Court Judge Bruce Howe Hendricks in a decision last month. Hendricks pointedly overturned an award ...

Tagged with: Arbitration Employment Law

Frontier Communications of the Carolinas, LLC v. International Brotherhood of Electrical Workers, Local 1431 (Lawyers Weekly No. 002-063-15, 12 pp.) (Bruce Howe Hendricks, J.) 4:14-cv-00367; D.S.C. Holding: An employer is not required to comply with an arbitration agreement which would ...

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Fraternal Order of Police Metro Transit Police Labor Committee Inc. v. Washington Metropolitan Area Transit Authority (Lawyers Weekly No. 001-043-15, 17 pp.) (Motz, J.) No. 14-1332, March 10, 2015; USDC at Alexandria, Va. (Brinkema, J.) 4th Cir. Holding: In this ...

Tagged with: Arbitration Unions

Griffith v. Ameriprise Financial Services, Inc. (Lawyers Weekly No. 002-005-15, 8 pp.) (Terry Wooten, Ch. J.) 3:14-cv-04295; D.S.C. Holding: In this dispute over a bonus, the governing document (the LTIA) – which was signed by plaintiff – was issued pursuant ...

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Forrest v. US Department of Agriculture (Lawyers Weekly No. 002-237-14, 7 pp.) (Mary Lewis, J.) 8:14-cv-01530; D.S.C. Holding: Where the plaintiff-farmer complains, not about any coverage or claim determinations made by defendant Rain and Hail Insurance, LLC (R & H), ...

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McPheely v. Adams Since plaintiffs’ allegations indicate that they did not purchase shares of nominal defendant Scio Diamond Technology Corp. until June 1, 2012 at the earliest, plaintiffs lack standing to complain of any alleged wrongdoing that occurred before June 2012.

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A federal trial judge in South Carolina recently used a footnote in an otherwise ordinary order as a soapbox to air his grievances against the evils of arbitration and argue for civil litigants to return to the courtroom. The footnote ...

Tagged with: Arbitration