In trade-secret litigation concerning a disputed international patent for a sugar substitute, a defendant’s attempt to “join” related counter-defendants was procedurally improper under Federal Rule of Civil Procedure 13(h). Background Sugar tastes good. But it’s unhealthy. So companies and scientists ...

Tagged with: Arbitration Business Law Civil Procedure Contract Judge Norman K. Moon Tort U.S. District Court - Western District

In bringing breach-of-contract and -fiduciary-duty claims against a former employee who took a job with a competitor, an insurance company will be held to the arbitration clause contained in its agent agreement. Background In 2009, Defendant Ryan Gillenwater became an ...

Tagged with: Arbitration Business Law Contract Employment Employment Law Judge Michael F. Urbanski U.S. District Court - Western District

The court lacked authority to review, on the plaintiff’s appeal, a dismissal order that simply granted a putative class-action plaintiff’s request for voluntary dismissal. Background Appellant Erin Keena purchased a voucher from Appellee Groupon Inc. In the course of the ...

Tagged with: 4th U.S. Circuit Court of Appeals Arbitration Business Law Civil Procedure Class Action Contract Judge Robert B. King

An employer enjoined from moving its operations could no longer pursue its appeal after an arbitrator’s final decision. The matter was moot, despite the employer’s intention to seek attorneys’ fees. Background Appellant Airgas Inc. operates a facility in Hyattsville, Maryland, ...

Tagged with: 4th U.S. Circuit Court of Appeals Arbitration Civil Procedure Contract Employment Judge Pamela A. Harris Labor

A written decision resulting from the parties’ agreed-upon dispute-resolution process was not a “final” decision under the Federal Arbitration Act because it reserved the decision-maker’s right – without time limitation – to change the decision if its underlying assumptions proved ...

Tagged with: 4th U.S. Circuit Court of Appeals Arbitration Business Law Civil Procedure Contract Judge Diana Gribbon Motz

Where the arbitration clause of the parties’ contract says arbitration is to “be administered pursuant to the JAMS Comprehensive Rules and Procedures,” and where those rules provide that arbitrability disputes are to be decided by the arbitrator, then the arbitration ...

Tagged with: 4th U.S. Circuit Court of Appeals Arbitration Judge James A. Wynn Jr.

Plaintiff was seriously injured when he was crossing a busy intersection and struck by the defendant motorist. Following the collision, the defendant told the investigating police officer that he had a red traffic signal as he approached the intersection, came ...

Tagged with: Arbitration Judge Charles E. Poston Personal Injury

Plaintiff is a 55-year-old female who was the driver of a stopped vehicle heading west on Route 50/Lee Jackson Highway in Fairfax on March 22, 2014. The defendant, while in the scope of his employment with a local car dealership, ...

Tagged with: Arbitration Fairfax County Circuit Court Personal Injury

As the nation’s courts wrestle with rules for nursing home arbitration agreements, one Virginia lawyer says he’s making arbitration work for his clients in nursing home cases. Not all his colleagues are on board, however. The issue is a familiar ...

Tagged with: 5th U.S. Circuit Court of Appeals Arbitration Carlton F. Bennett Nursing Home Robert W. Carter Jr. U.S. Chamber of Commerce

This was a rear-end auto col­lision involving three vehicles. Liability was not contested. The issue involved damages and whether the medical bills and lost wages were caused by the accident. In that regard the main question was wheth­er the arthroscopic ...

Tagged with: Arbitration Fairfax County Circuit Court Judge James R. Kearney Personal Injury