Silgan and the Union challenge an arbitration award. The district court granted summary judgment in favor of Silgan and the Union appealed. The court concluded that the question of validity and formation is not within the scope of the arbitration agreement. Because the arbitrator lacked authority to decide this issue, the district court did not err in vacating the award. Furthermore, the district court erred in granting summary judgment to Silgan and rescinding Article 36 where the mistake has resulted solely from the negligence or inattention of the party seeking relief, and the other party is without fault. Accordingly, the court affirmed in part, reversed in part, and remanded. View "Silgan Containers Corp. v. Sheet Metal Workers Int'l" on Justia Law

Silgan and the Union challenge an arbitration award. The district court granted summary judgment in favor of Silgan and the Union appealed. The court concluded that the question of validity and formation is not within the scope of the arbitration agreement. Because the arbitrator lacked authority to decide this issue, the district court did not err in vacating the award. Furthermore, the district court erred in granting summary judgment to Silgan and rescinding Article 36 where the mistake has resulted solely from the negligence or inattention of the party seeking relief, and the other party is without fault. Accordingly, the court affirmed in part, reversed in part, and remanded. View "Silgan Containers Corp. v. Sheet Metal Workers Int'l" on Justia Law

Plaintiff was a pedestrian in a crosswalk when he was struck by a vehicle operated by an uninsured motorist. Plaintiff, who was an insured under his mother’s automobile insurance policy, filed suit against The Commerce Insurance Company seeking uninsured motorist coverage for his injuries. The parties stayed the action pending arbitration pursuant to the terms of the policy. The arbitrator awarded Plaintiff a total of $197,550. Plaintiff filed a motion to confirm the arbitration award. Defendant, in turn, filed a motion to modify/correct the arbitration award to conform with the insurance policy, which provided uninsured-motorist coverage up to a limit of $100,000. The superior court granted Defendant’s motion and entered an order for Plaintiff in the amount of $100,000. The Supreme Court vacated the order of the superior court, holding that the trial justice erred when he (1) reviewed the arbitrator’s award under a de novo review and supplemented the record with the admission of the insurance policy and the testimony of the arbitrator; and (2) modified the arbitration award because there were no grounds to do so under Rhode Island’s Arbitration Act. Remanded with instructions to issue an order confirming the arbitration award. View "Lemerise v. Commerce Ins. Co." on Justia Law

Plaintiff was a pedestrian in a crosswalk when he was struck by a vehicle operated by an uninsured motorist. Plaintiff, who was an insured under his mother’s automobile insurance policy, filed suit against The Commerce Insurance Company seeking uninsured motorist coverage for his injuries. The parties stayed the action pending arbitration pursuant to the terms of the policy. The arbitrator awarded Plaintiff a total of $197,550. Plaintiff filed a motion to confirm the arbitration award. Defendant, in turn, filed a motion to modify/correct the arbitration award to conform with the insurance policy, which provided uninsured-motorist coverage up to a limit of $100,000. The superior court granted Defendant’s motion and entered an order for Plaintiff in the amount of $100,000. The Supreme Court vacated the order of the superior court, holding that the trial justice erred when he (1) reviewed the arbitrator’s award under a de novo review and supplemented the record with the admission of the insurance policy and the testimony of the arbitrator; and (2) modified the arbitration award because there were no grounds to do so under Rhode Island’s Arbitration Act. Remanded with instructions to issue an order confirming the arbitration award. View "Lemerise v. Commerce Ins. Co." on Justia Law

Plaintiff, who was employed by Defendant, signed an employment agreement providing that all disputes with Defendant shall be resolved through arbitration. After Plaintiff’s employment ended, Plaintiff filed a complaint alleging that Defendant did not timely pay him his final wages as required by the West Virginia Wage Payment and Collection Act. After a seven-month delay, Defendant filed a motion to compel arbitration. The circuit court granted the motion, dismissed Plaintiff’s complaint, and compelled the parties to participate in arbitration. The Supreme Court affirmed, holding that Defendant did not waive its right to arbitrate through its acts and language. View "Parsons v. Halliburton Energy Servs., Inc." on Justia Law

Plaintiff, who was employed by Defendant, signed an employment agreement providing that all disputes with Defendant shall be resolved through arbitration. After Plaintiff’s employment ended, Plaintiff filed a complaint alleging that Defendant did not timely pay him his final wages as required by the West Virginia Wage Payment and Collection Act. After a seven-month delay, Defendant filed a motion to compel arbitration. The circuit court granted the motion, dismissed Plaintiff’s complaint, and compelled the parties to participate in arbitration. The Supreme Court affirmed, holding that Defendant did not waive its right to arbitrate through its acts and language. View "Parsons v. Halliburton Energy Servs., Inc." on Justia Law

Kevin Pearce (Appellant) worked as an agent of Mutual of Omaha Insurance Company. Appellant used his personal computers to conduct work for Mutual and stored both personal and client information on the computers. After Appellant’s agency relationship was terminated, Mutual retained Pearce’s personal computers and files, allegedly to protect confidential client information. Pearce refused to give Mutual the passwords to his computers, and Mutual refused to return the computers until the confidential information was removed. Mutual turned Pearce’s computers and files over to Continuum Worldwide Corporation, a security firm, for safekeeping. Appellant then filed a replevin action against Mutual and Continuum (Appellees). Appellees filed a motion to stay and compel arbitration asking the district court to order Appellant to participate in an already-filed arbitration with another entity related to the same issues. Appellant filed his own motion to compel arbitration in the replevin action seeking an order requiring Appellees to participate in the pending arbitration underway between Appellant and the third party. The district court denied Appellant’s motion to compel arbitration. Appellant appealed. The Supreme Court dismissed the interlocutory appeal, holding that the order denying Appellant’s motion to compel arbitration was not a final, appealable order for the Court to review. View "Pearce v. Mutual of Omaha Ins. Co." on Justia Law

Plaintiff filed suit against Santander, seeking damages for breach of contract and alleging a violation of the Maryland Credit Grantor Closed End Credit Provisions (CLEC), Md. Code, Comm. Law 12-1001, et seq. The dispute stemmed from plaintiff's use of a loan she obtained through a retail installment contract (RISC) to finance the purchase of a vehicle. The court concluded that the district court correctly enforced the parties' arbitration agreement because the district court properly concluded that the arbitration agreement was a term of a contract that the parties entered into, and that the arbitration agreement was enforceable under the Federal Arbitration Act, 9 U.S.C. 2. Accordingly, the court affirmed the judgment. View "Galloway v. Santander Consumer USA, Inc." on Justia Law

Plaintiff filed suit against Santander, seeking damages for breach of contract and alleging a violation of the Maryland Credit Grantor Closed End Credit Provisions (CLEC), Md. Code, Comm. Law 12-1001, et seq. The dispute stemmed from plaintiff's use of a loan she obtained through a retail installment contract (RISC) to finance the purchase of a vehicle. The court concluded that the district court correctly enforced the parties' arbitration agreement because the district court properly concluded that the arbitration agreement was a term of a contract that the parties entered into, and that the arbitration agreement was enforceable under the Federal Arbitration Act, 9 U.S.C. 2. Accordingly, the court affirmed the judgment. View "Galloway v. Santander Consumer USA, Inc." on Justia Law

Respondents entered into a loan agreement with Nationstar Mortgage, LLC. As part of the mortgage loan transaction, Respondents signed an arbitration agreement. Respondents later filed a complaint alleging that Nationstar engaged in predatory lending practices and abusive and unlawful debt collection in connection with the mortgage loan. Nationstar filed a motion to compel arbitration. The circuit court denied the motion, concluding that the arbitration agreement was both procedurally and substantively unconscionable. The Supreme Court reversed, holding that Respondents did not demonstrate that the arbitration agreement was either procedurally or substantively unconscionable. Remanded. View "Nationstar Mortgage, LLC v. West" on Justia Law