A credit union financed the purchase of a Bentley in the amount of $136,126. The car was collateral for the loan and the owner was required to maintain insurance for the car. The owner did fulfill his obligation to have insurance but did not name the credit union as an additional insured on the policy. […]
Same Business, Different Name.
Investor provided $75,000 toward investment and was to receive 100 percent of the net cash receipts until his investment was recouped. Unbeknownst to him, the company formed another company doing the same kind of business under a different name. The court found the corporation could not escape liability by shifting assets and changing its name. […]
No Prevailing Party Fees For Work Done By “Of Counsel.”
May a law firm recover attorney fees under a prevailing party clause when the firm is a successful litigant represented by “of counsel?” An appellate court held that “because the relationship between a law firm and ― “of counsel” is close, personal, regular, and continuous, we conclude that a law firm and ― “of counsel” […]
Two Arbitration Agreements Signed…Which Will Be Upheld?
Woman and her accountant/Oakwood Capital Management agreed any dispute between them would be decided under California law through arbitration in accordance with American Arbitration Association [AAA] rules. The agreement between the woman and Ameritrade provides for arbitration governed by Nebraska law in accordance with Financial Industry Regulatory Authority [FINRA] rules. The trial court denied the […]
Question Of Fact Whether Dangerous Condition Of Public Property Existed.
Traffic exiting baseball park was induced onto a public street where plaintiff was standing behind her car when she was hit by a drunk driver. The trial court granted summary judgment. The appellate court reversed, holding numerous questions of fact existed relating to the issue of dangerous condition of public property. Cole v. Town of […]
Class Action Claims Striken.
Arbitration agreement provided for arbitration of disputes arising out of plaintiff’s employment. It was silent regarding class actions. The trial court granted defendant’s petition to compel arbitrations and denied its motion to dismiss class allegations. Noting the plaintiff produced no evidence to the trial court regarding the four factors required under Gentry v. Sup. Ct. […]
Use It Or Lose It.
Court of Appeal upheld trial court’s finding employer waived arbitration by delaying arbitration for an unreasonable time period [not expressing desire to arbitrate for four months after action commenced and waiting almost another month before filing its motion to compel arbitration]; engaging in litigation on the merits by taking steps inconsistent with arbitration [multiple demurrers, […]
Arbitration Award For Employer Set Aside.
An employment agreement containing an arbitration clause stated “this Agreement can be amended, modified, or revoked in writing by the Company at anytime.” The trial court granted the motion to compel arbitration. The plaintiff not only failed to prevail at arbitration, but was ordered to pay the employer over $40,000 for its attorney fees and […]
Ungrateful Client.
Lawyer represented client in employment litigation resulting in a $62,246.74 judgment in the client’s favor after a jury trial. The trial court awarded $300,000 for attorney fees, whereupon the client substituted the lawyer out of her case and represented herself in propria persona. The lawyer moved for an order that the attorney fees be made […]
Non-Signatories Not Bound By Arbitration Agreement.
After a corporation went into bankruptcy, its short-term creditors brought suit against the corporation’s financial advisor alleging fraudulent misrepresentations. The financial advisor filed a petition to compel arbitration. The trial court denied the petition to compel and the appellate court affirmed because “the short-term creditors were not third-party beneficiaries of the contract between the financial […]
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