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Tag Archives: Arbitration

Car dealer’s arbitration clause upheld by appeals court (access required)

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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.

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Civil Practice – One Signature OK to Remove Case to Federal Court (access required)

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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Contract – Investors Not ‘Customers’ for FINRA Arbitration (access required)

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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Real Property – Buyer-Only Arbitration Clause Unenforceable (access required)

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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Arbitration – Motion to Compel – Waiver – Real Property – Mortgages — Commercial Foreclosure (access required)

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.

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