Category: state court decisions

A California appellate court recently upheld a lower court’s decision denying a nursing home’s motion to compel arbitration.  Root v. Emeritus Corp., No. A134748 (Cal. App. 1st Dist. May 17, 2013).  (Click here for a copy of the opinion.)  An Continue Reading

In Raymond James Financial Services, Inc. v. Phillips, No. SC11–2513 (Fla. May 16, 2013) (click here for a copy of the opinion), the Florida Supreme Court addressed whether Florida’s statute of limitations applies to an arbitration proceeding.  The court engaged Continue Reading

A California appellate court recently reversed a trial court’s denial of Macy’s motion to compel arbitration.  Teimouri v. Macy’s, Inc., D060696 (Cal.App. 4 Dist. May 14, 2013).  Click here for a copy of the decision. A Macy’s sales associate filed Continue Reading

Nibler v. Monex Deposite Co., No. G046511 (Cal.App. 4 Dist. May 13, 2013).  (Click here for a copy of the decision.)  This case involves an investor who lost his inheritance money after opening up an account with Monex, a precious Continue Reading

A Florida state lower court refused to enforce an arbitration clause in a nursing home agreement because the clause provided for arbitration before the National Arbitration Forum (NAF), and the NAF had ceased handling consumer arbitrations.  However, a Florida appellate Continue Reading

Earlier today, an appellate court in Mississippi reversed a finding of unconscionability in connection with arbitration provisions in agreements between consumers and a check-cashing business.   Caplin Enterprises v. Arrington, No. 2011-CA-01332-COA (Court of Appeals of Mississippi May 7, 2013).  (Click Continue Reading

The Texas Supreme Court recently held that a trust’s arbitration provision was enforceable.  See Rachal v. Reitz, No. 11–0708 (Tex. May 3, 2013) (click here for opinion).  In this case, a beneficiary sued a trustee for allegedly misappropriating trust assets, Continue Reading