Where the Berkeley County School District and parties it has sued disagree about the existence and enforceability of arbitration agreements, there are disputes of material fact that must be resolved at trial. Background The appellants sought arbitration of federal and ...

Tagged with: 4th U.S. Circuit Court of Appeals Arbitration Judge Robert B. King

Where the lending institution demonstrated the plaintiff’s Fair Credit Reporting Act claims were covered by an arbitration agreement signed by the plaintiff, and the plaintiff provided no competent contrary evidence, the court ordered the parties to arbitration and dismissed the ...

Tagged with: Arbitration Judge M. Hannah Lauck U.S. District Court - Eastern District

Where an agreement contained a provision that required one party to submit all claims over $1,000 to arbitration but allowed the other party to pursue certain claims in court, and gave the arbitrator right to what disputes should go to ...

Tagged with: Arbitration Judge Mark Davis U.S. District Court - Eastern District

The circuit court erred by granting defendant’s motion to vacate an arbitration award. The court misinterpreted the relevant statute when it concluded the motion was timely filed. Overview Plaintiff bought a used car from GN Auto and sued GN and ...

Tagged with: Arbitration Order Supreme Court of Virginia

An arbitration panel’s enhancement of an attorneys’ fees award above the amount calculated by multiplying the reasonable number of hours expended on the case by a reasonably hourly rate was vacated because the panel failed to explain why the base ...

Tagged with: Arbitration Judge Robert E. Payne U.S. District Court - Eastern District

Where a three-member American Arbitration Association panel awarded the petitioner more than $10 million based on the respondent’s default of a subcontract between the parties, and the respondent failed to answer or respond to the properly served and timely petition ...

Tagged with: Arbitration Judge Anthony J. Trenga U.S. District Court - Eastern District

A defendant was properly sanctioned for raising arguments that the district court had already rejected, but he should not have been sanctioned for arguing that the class action arbitration waiver violated the NLRA and that the confidentiality provisions were unconscionable ...

Tagged with: 4th U.S. Circuit Court of Appeals Arbitration Per Curiam Opinion

An entire award to a farmer who argued that his insurance company breached a contract was vacated because the arbitrator exceeded her authority by awarding extra-contractual damages, which can only be awarded by a court; and although her decision included ...

Tagged with: 4th U.S. Circuit Court of Appeals Arbitration Judge Stephanie Dawn Thacker

Having determined that the policies at issue constituted an insurance contract under Virginia law, the court said a private day school was not required to submit its dispute to arbitration because the agreement containing the arbitration clause is part of ...

Tagged with: 4th U.S. Circuit Court of Appeals Arbitration Judge Roger L. Gregory

A panel of arbitrators, ignoring previous guidance from the court, disregarded the law that FINRA rules provide no private right of action. The court remanded with specific instructions that a broker’s counterclaims be considered by a different FINRA arbitration panel. ...

Tagged with: Arbitration Judge Robert E. Payne U.S. District Court - Eastern District