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Arbitration – Securities claims sent to arbitration
The EDVA compels arbitration for securities claims by 18 foreign investors against business defendants, dismissing claims against Atlantic Union Bank.
Employment- Arbitrator finds unfair labor practices by school
An arbitrator ruled that Prince William County Public Schools engaged in unfair labor practices by refusing to hire a former union president based on union activity.
Bankruptcy – Arbitration of bankruptcy-related claims is denied
The 4th Circuit affirmed denial of arbitration for claims against Goldman Sachs alleging violation of the automatic stay under the Bankruptcy Code.
Arbitration: FCRA claim headed to arbitration
Where a website’s enrollment page would have placed a consumer on reasonable notice of an offer to enter a contract, including the arbitration provision, the district court erred when it denied the motion to compel arbitration.
Arbitration: Losing party alleges arbitrator was biased
Where the party that lost at arbitration challenged the decision on the basis the arbitrator was biased, the case was remanded to the district court to determine what provision of the Federal Arbitration Act applied to the dispute. Because they have different rules, the court first needed to determine what chapter applied to the dispute.
Arbitration: Arbitration denied where party didn’t satisfy condition precedent
Where the union was required to submit a grievance over employee discipline within seven business days after the event, and the union’s grievance here was submitted 21 days after the employee’s discharge, the union did not satisfy the condition precedent to arbitration and its motion to compel arbitration was denied.
Arbitration: Coverage dispute headed to arbitration
Although federal courts have interpreted a Virginia statute to “void mandatory arbitration provisions in insurance contracts,” the non-binding provision here is enforceable because it does not deprive the courts of jurisdiction and provides that any arbitration decision is appealable to a “court of competent jurisdiction.”
Arbitration: Arbitration denied because agreements were illusory
Although account holders agreed to arbitrate their claims with a bank, because the agreements granted unfettered unilateral modification power to the bank, that language rendered the arbitration agreement illusory and lacking consideration under Virginia law.
Arbitration: Court lacks jurisdiction to review non-final arbitration decision
Where an arbitrator resolved the issue of liability, but ordered the parties to fashion a remedy (while retaining jurisdiction if they reached an impasse), and one party instead challenged the arbitrator’s decision in federal district court while the other party moved to confirm it, the district court lacked jurisdiction over the dispute, because it was not final.
Arbitration: Party waited too long before challenging arbitration decision
Where the Federal Arbitration Act requires a party moving to vacate an award to serve its motion upon the adverse party or his attorney within three months after the award is filed or delivered, the losing party’s motion to vacate was untimely where the final award was issued on June 26, 2022, but the motion to vacate wasn’t filed until Jan. 5, 2023.
Arbitration: Credit card dispute ordered to arbitration
Where a consumer alleged approximately $15,000 in credit charges were fraudulent, the dispute was ordered to arbitration. The consumer agreed to the arbitration agreement, the claims were encompassed by the mutual arbitration agreement and the bank did not waive its right to compel arbitration.
Arbitration: Arbitration denied in insurance coverage dispute
Where a man sought over $1 million in benefits under an insurance policy, and the insurer moved to stay the case in favor of arbitration, the insurer’s motion was denied. Virginia Code § 38.2-312 prohibits mandatory arbitration provisions in insurance contracts.
Verdicts & Settlements
- Motor Vehicle Negligence- Motorcyclist hit by car suffers two broken wrists
- Medical Malpractice – Young patient commits suicide while on psychoactive drugs
- Motor Vehicle Negligence- Art teacher’s hand injured in collision
- Premises Liability- Gas grill explosion left mom with severe burn injuries
- Motor Vehicle Negligence – Crash video showed force of Tesla rear-end collision
- Motor Vehicle Negligence – 74-year-old injured in two-vehicle crash
- Employment- Arbitrator finds unfair labor practices by school
- Medical Malpractice- Gallbladder removal surgery results in reparative procedure
- Motor Vehicle Negligence – Car with mother, two children broadsided, rolled several times
- Motor Vehicle Negligence – Driver, passenger suffer injuries after truck crosses into lane
- Fraud – Jury sides with couple in home construction case
Opinion Digests
- Criminal – Man convicted for role in robbery that ends in murder
- Search & Seizure – Search of defendant’s backpack was not unlawful
- Criminal – Man convicted of strangling, assaulting and abducting his romantic partner
- Criminal – Woman ordered to pay victim $4,359.28 for vehicle damage
- Evidence – Court didn’t err in admitting unavailable witness’s testimony
- Criminal – Sexually violent predator recommitted to Commonwealth’s custody
- Criminal – Felon is convicted for unlawful possession of firearm
- Criminal – Evidence shows police would have inevitably found firearm
- Criminal – Evidence supports fentanyl possession/distribution conviction
- Search & Seizure – Defendant wasn’t entitled to copy of search warrant
- Search & Seizure – Officer didn’t improperly extend traffic stop
- Negligence- Court won’t limit expert testimony at alleged malpractice trial
