Category Archives: Arbitration

Boring Through the Details: U.S. District Court Declares Boring Company Dispute Not Covered by Insurance Policies

Maxum Indemnity Co. v. Robbins Co., P.C., No. 1:17-CV-01968, 2018 U.S. Dist. LEXIS 57729 (N.D. Ohio Mar. 28, 2018) On March 21, 2018, the United States District Court for the Northern District of Ohio granted a motion for judgment on … Continue reading

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Although Texas Statute Expressly Allows an Immediate Interlocutory Appeal of Any Decision Granting or Denying a Motion to Dismiss Based Upon the Certificate of Merit Requirement, There Is No Jurisdiction for an Interlocutory Appeal of an Arbitrator’s Decision on That Issue

SM Architects, PLLC v. AMX Veteran Specialty Servs., LLC, 2018 Tex. App. LEXIS 9203 (November 8, 2018) AMX Veteran Specialty Services, LLC (“AMX”) filed a demand for arbitration alleging professional negligence against SM Architects, PLLC (“SMA”).  A Texas statute requires … Continue reading

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Parties Must Proceed to Arbitration Despite Unavailability of Arbitration Forum Specifically Named in the Contract

Paulozzi v. Parkview Custom Homes, L.L.C., 2018 Ohio App. Lexis 4739 ( Nov. 1, 2018)    This case arose out of a dispute between homeowners and their contractor.  Dissatisfied with the work, the Paulozzis sued their contractor, Parkview Custom Homes, alleging, … Continue reading

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Deciding Arbitrability and Arbitration Agreements: Eleventh Circuit Refines Its Interpretation of the Federal Arbitration Act and United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards

Outokumpu Stainless USA, LLC v. Converteam SAS, 2018 U.S. App. LEXIS 24671 (11th Cir. Aug. 30, 2018) On August 30, 2018, the Eleventh Circuit Court of Appeals reversed a lower court decision to compel arbitration between an Alabama steel plant … Continue reading

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Arbitration by Estoppel: North Carolina Court Holds That Arbitration Clauses Bind Nonsignatories Who Seek to Enforce the Contracts in Which the Clauses Appear

Charlotte Student Hous. DST v. Choate Constr. Co., 2018 NCBC LEXIS 88 (N.C. Super. Ct. Aug. 24, 2018). This case arose from the construction of a student apartment complex known as Arcadia.  The plaintiffs, Arcadia’s current owner and landlord, asserted … Continue reading

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