Where the Federal Arbitration Act gives the losing party three months to challenge an award, the losing party waited too long before filing its motion to vacate. Although the losing party argued the time to appeal ran from the date ...

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

Where an employer provided digital forensic evidence showing a woman assented to an arbitration agreement, the woman’s statement that she did “not recall” doing so was insufficient to avoid arbitration. Background Natalie Lynn Soucie alleges that Virginia Utility Protection Service ...

Tagged with: Arbitration Judge Thomas T. Cullen U.S. District Court - Western District

Where a woman suing a lender for its allegedly usurious loan rate argued the lender’s motion to compel arbitration should be denied because an arbitrator might then enforce the choice of law clause in the loan agreement, resulting in the ...

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

Where defendants both knew of the right to arbitrate and acted inconsistently with that right during this litigation, their motion to compel arbitration was denied. Background On Dec. 20, 2020, SZY Holdings LLC and FarFromBoring Promotions.com LLC, or FFB, filed ...

Tagged with: Arbitration Judge Michael S. Nachmanoff U.S. District Court - Eastern District

Where an arbitrator previously found that a Virginia-based company breached a delivery contract, the award was not invalid, the Virginia-based company had ample notice of and benefitted from multiple extensions to participate in the arbitral proceeding, the arbitration was focused ...

Tagged with: Arbitration Judge John A. Gibney Jr. U.S. District Court - Eastern District

Where an arbitration agreement included a clause awarding attorneys’ fees to the prevailing party, but the Virginia Values Act only entitles a plaintiff to an award of attorneys’ fees and provides no right for fees to a prevailing defendant, the ...

Tagged with: Arbitration Judge Norman K. Moon U.S. District Court - Western District

Where a customer alleged his cellular phone provider and a debt collection company violated the Fair Credit Reporting Act, but he agreed that any and all claims or disputes in any way related to or concerning cellular services must be ...

Tagged with: Arbitration Judge Rossie D. Alston Jr. U.S. District Court - Eastern District

Where drivers alleged they were misclassified as independent contractors under Massachusetts law, but their independent contractor agreements delegated any challenge to the interpretation or application of the arbitration provision to the arbitrator, the arbitrator will determine the arbitrability of the ...

Tagged with: Arbitration Judge Patricia Tolliver Giles U.S. District Court - Eastern District

Type of action: Personal injury, auto accident Injuries alleged: Traumatic brain injury, chronic migraines and postural orthostatic tachycardia syndrome Name of case: Jackson v. Clark Court: Prince William Circuit Court Case no.: CL18002646-000 Tried before: Arbitration Name of judge or ...

Tagged with: Arbitration Personal Injury Prince William Circuit Court

Where there is substantial ground for difference of opinion on whether non-signatory to an arbitration provision that clearly and unmistakably incorporates arbitral rules delegating questions of “arbitrability” and “jurisdiction” to an arbitrator can move to compel arbitration of a third-party ...

Tagged with: Arbitration Judge Thomas T. Cullen U.S. District Court - Western District