Nov 20, 2018 · See Hikers Indus., Inc. v. William Stuart Indus. (Far E.) Ltd., 640 F.Supp. 175, 178 (S.D.N.Y. 1986) (staying the action where "the arbitration will provide the court with insight into the issues of law and fact"); see also Maritima de Ecologia, S.A. de C.V., 2011 WL 1465744, at *5 (staying the action where the arbitration proceedings would
Get a QuoteSep 29, 2000 · Next in line was a suit--also in state court, because both Caudle and Sears are citizens of Illinois--seeking a declaration that the arbitration clause in the contract is unenforceable. Once again Caudle lost. Caudle v. Sears, Roebuck & Co., 281 Ill. App. 3d 1151, 701 N.E.2d 844 (5th Dist. 1996) (unpublished order).
Get a Quoteempire excavating company v. American Arbitration Ass'n Date: June 29, 1988 Citation: 693 F. Supp. 1557 Docket Number: 87-0941 Versatile Metals, Inc. v. Union Corp. Date: June 15, 1988 Citation: 693 F. Supp. 1563 Docket Number: 85-4085
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Get a QuoteEMPIRE EXCAVATING COMPANY v. American Arbitration Ass'n Date: June 29, 1988 Citation: 693 F. Supp. 1557 Docket Number: 87-0941
Get a QuoteApr 14, 2021 · Fisher Asset Mgmt., LLC, 2019 PA Super 78, 206 A.3d 521, 528 (2019), see Merchants Mut. Ins. Co. v. American Arbitration Ass'n, 433 Pa. 250, 248 A.2d 842[, 844] (Pa. 1969) (where arbitration clause provided that arbitrator has the power to consider all issues, the issue of the applicability of the statute of limitations came within the
Get a QuoteDedicated to a brilliant colleague and a valued friend In Memoriam Ben H. Sheppard, Jr. 1943-2017 The 29th edition of the AAA Yearbook on Arbitration & the Law continues the ongoing annual tradition of providing comprehensive coverage of the most significant arbitration-related cases of the past year, along with important commentary and interpretation.
Get a QuoteApr 07, 2020 · Great Plains Tr. Co. v. Morgan Stanley Dean Witter & Co., 313 F.3d 305, 312-13 (5th Cir. 2002). What follows are therefore from the complaint. In 1975, plaintiff Texas Brine Company, L.L.C., contracted with Vulcan Materials Company to supply brine.
Get a QuoteAmerican Arbitration Ass'n, 174 Conn. 472, 480, 391 A.2d 137 (1978)(citing Union v. Crawford, 19 Conn. 331, 336 (1848)). Nevertheless, an "administrative practice, particularly that of public officers charged with the enforcement of a statute, may be cogent evidence of the intent manifested in it when its terms are ambiguous or its meaning
Get a QuoteApr 04, 1995 · Johnston County v. R.N. *681 Rouse & Co., 331 N.C. 88, 91, 414 S.E.2d 30, 32 (1992). Additionally, there is no legislative bar to arbitrating claims which are based on tortious conduct or unfair and deceptive trade practices and claims for punitive damages as long as they arise out of or relate to a contract that provides for arbitration or its
Get a QuoteAccording to Teufel Constr. Co. v. American Arbitration Ass'n, 3 Wn. App. 24, 27, 472 P.2d 572 (1970), ACF was assured of the opportunity to challenge rulings that were not final and appealable orders entered prior to arbitration. See also All-Rite Contracting Co. v. Omey, 27 Wn. 2d 898, 900-01, 181 P.2d 636 (1947).
Get a QuoteBermuda Container Line Ltd., Plaintiff-Counter-Defendant-Appellant v. International Longshoremen's Association, Afl-Cio and New … (1999) Gargano v. Diocese of Rockville Centre (1995) EMPIRE EXCAVATING COMPANY v. American Arbitration Ass'n …
Get a QuotePetitioner, a commercial and industrial construction business, is a member of the Association of Concrete Construction Contractors of New York, Inc. (Pet. ¶¶ 2, 5.) Petitioner alleges that "[a]s part of our association, we have a Collective Bargaining Agreement with the Northeast Regional Council of Carpenters," (the "CBA").
Get a QuoteEmpire. court did extend the statue's application to a federal district court, notably, the case did not arise under the FAA, but from a breach of contract claim. Empire Excavating Co., 370 F. Supp. at 824. 3. Indeed, on May 29, 2013, an arbitration award was obtained—thus fulfilling the arbitration agreement.
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Get a QuoteSep 22, 2000 · American Arbitration Ass'n, 230 F.3d 920, 922 (7th Cir. Oct. 17, 2000), but there is also a federal claim, that the defendants have denied the plaintiff the equal protection of the laws. The parties do not discuss which state's law governs the state-law claim against the AAA, as distinct from Smith's claim against Argenbright, but imply by
Get a QuoteDec 31, 2015 · In the first, C & O Dev. Co. v. American Arbitration Ass'n, 48 N.C. App. 548 (1980), the Court held that "it is our opinion that the extent of a judgment's binding effect is a matter for judicial determination." In the second case, Rodgers Builders, Inc. v. McQueen, 76 N.C. App. 16 (1985), the Court held that
Get a QuoteDedicated to a brilliant colleague and a valued friend In Memoriam Ben H. Sheppard, Jr. 1943-2017 The 29th edition of the AAA Yearbook on Arbitration & the Law continues the ongoing annual tradition of providing comprehensive coverage of the most significant arbitration-related cases of the past year, along with important commentary and interpretation.
Get a QuoteDec 30, 2020 · Contec Corp. v. Remote Sol., Co., 398 F.3d 205, 208 (2d Cir. 2005) (finding "clear and unmistakable" standard satisfied by AAA Rule R-7(a)); cf. Nasdaq OMX, 770 F.3d at 1032 (incorporation of
Get a QuoteJun 26, 2013 · Cape Flattery Ltd. v. Titan Mar., LLC, 647 F.3d 914, 922 (9th Cir. 2011), cert. denied, __ U.S. __, 132 S. Ct. 1862, 182 L. Ed. 2d 658 (2012) ("Because of the absence of the 'relating to' language in the arbitration provision, we had 'no difficulty finding that 'arising hereunder' is intended to cover a much narrower scope of disputes, i.e
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