Quantcast
Home / Opinion Digests (page 3) /

Opinion Digests

Issues of arbitrability to be arbitrated (access required)

Incorporating the Rules of the International Chamber of Commerce into the Aircraft Management arbitration agreement constituted “clear and unmistakable evidence” of the parties’ intent to arbitrate issues of arbitrability. Background On May 23, 2018, GlobalOne Management Group Limited filed a ...

Read More »

Union’s actions regarding trustees not a violation of trust or ERISA (access required)

The court granted summary judgment to a union sued by trustees of the Postal Union Welfare Benefit Trust, finding the union’s decision to shorten trustees’ terms of service, eliminate their staggered terms and their right to select their successors, and ...

Read More »

Blind man, not a member, lacks standing to sue credit union website (access required)

A blind man who complained that the website of the Department of Labor Federal Credit Union was not accessible to the disabled lacked standing to sue because he was not a member. Background The Department of Labor Federal Credit Union ...

Read More »

New York robbery conviction qualified as ‘crime of violence’ (access required)

Because New York’s robbery statute required the use or threatened use of violent physical force, the defendant’s prior conviction for first degree robbery in New York was sufficient to impose the career offender sentencing enhancement under the Sentencing Guidelines. Background ...

Read More »

Arbitrator should decide whether to arbitrate Fair Credit claim (access required)

The delegation clause in the credit card agreement “clearly and unmistakably” places questions of arbitrability within the province of the arbitrator, and the district court erred in denying a motion to compel arbitration of a claim that the credit company ...

Read More »

Default for missed pleading deadline upheld (access required)

Code § 8.01-428(D) does not grant a court unlimited power to set aside a default judgment, and, as a result, where petitioner missed a pleading deadline in the underlying action, the default judgment granted in respondent’s favor is upheld. Parties’ positions ...

Read More »

Motion to remit fines and costs denied in part (access required)

Where defendant has moved to remit fines and costs associated with his plea-based convictions of indecent exposure and three counts of obscene sexual display, the expenses associated with court-ordered sex offender treatment, GPS monitoring and a sex offender polygraph cannot ...

Read More »

‘Good cause shown’ in gun rights restoration case (access required)

Petitioner, a convicted felon whose civil rights have been restored, will have his right to possess firearms and ammunition reinstated because he has met Code § 18.2-308.2’s “good cause shown” standard as determined by the court’s evaluation of “a non-exhaustive ...

Read More »