The South Carolina Supreme Court has put the brakes on a car dealership’s inventive attempt to keep the public from knowing about an arbitration award it paid to a dissatisfied customer who claimed that she was duped into buying a lemon.

Tagged with: Arbitration S.C. Supreme Court

It’s always good to have a backup plan, as car dealers across the state have just learned. One Columbia dealership’s arbitration clause with a buyer was set aside by the South Carolina Court of Appeals Sept. 4 for being too oppressive and one-sided, but the dealer need not worry: It will still be allowed to enforce a different, more buyer-friendly clause contained in a different contract.

Tagged with: Arbitration Class Action

York v. Dodgeland of Columbia, Inc. Even though the arbitration clause in plaintiff Cristy’s “buyers order” is unenforceable, her claim that the defendant-dealership charged her illegal documentation fees is subject to arbitration pursuant to the arbitration clause in her installment contract.

Tagged with: Arbitration

An arbitration award in favor of a construction company will stand even though the arbiter learned—long after the hearing—that key witnesses were co-workers of his law partner’s brother.

Tagged with: Arbitration Construction

One hospital came up with what it must have thought was a pretty slick escape route to get out of a malpractice lawsuit, but the South Carolina Supreme Court blocked the exit. The court ruled that failing to conclude a required pre-suit mediation conference within the legally specified time frame did not require the judge to dismiss the suit.

Tagged with: Arbitration Medical Malpractice

Mayo v. Board of Education of Prince George’s County Defendant school board’s removal to federal court of a complaint by temporary employees alleging the board and union violated a labor contract by hiring temps for permanent jobs, need not be remanded to state court; the 4th Circuit says a defendant does not need signatures by all lawyers for defendants, but may remove the case with a representation that other defendants consent to removal.

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Raymond James Financial Services Inc. v. Cary Investors who purchased allegedly fraudulent securities directly from a business on the recommendation of a lawyer who was working with a broker for a financial services company were not “customers” of the company entitled to FINRA arbitration; the 4th Circuit says that to compel arbitration in this case, in which the investors did not buy from the financial services company, would expand the scope of the arbitration agreement beyond what the text permits and the parties intended.

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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.

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Noohi v. Toll Bros. Inc. A real estate contract clause that required the buyer – but not the seller – to submit to arbitration is unenforceable under Maryland law for lack of mutual consideration, and the 4th Circuit affirms judgment for plaintiff buyers who are seeking return of their deposit on a luxury home after they were unable to obtain mortgage financing from multiple lenders.

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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.

Tagged with: Arbitration Mortgages Real Property Waiver