Catherine Delorey | Forum on Construction Law A recent five-year, ten-state study proved that effectively managed arbitrations save time and money in comparison to litigation. This study found that federal court lawsuits lasted over a year longer than arbitrations decided during the same period, which delay caused direct business losses exceeding $10 billion, in part due to… Continue reading Drafting a Better Arbitration Agreement to Stay Out of Court
Category: Arbitration
Arbitration Denied: Third Appellate District Holds Arbitration Clause Procedurally and Substantively Unconscionable
Stephen M. Tye and Lawrence S. Zucker II | Haight Brown & Bonesteel In Cabatit v Sunnova Energy Corporation, the Third Appellate District held that an arbitration clause in a solar power lease agreement was unenforceable because it was procedurally and substantively unconscionable. In Cabatit, Mr. and Ms. Cabitat entered into a solar power lease agreement (the… Continue reading Arbitration Denied: Third Appellate District Holds Arbitration Clause Procedurally and Substantively Unconscionable
Contractor Loses Effort to Bind Remote Home Purchaser to Arbitration Clause
Jon Paul Hoelscher and Amendeep S. Kahlon | Buildsmart On December 8, 2020, in Taylor Morrison of Texas, Inc. v. Kohlmeyer, a Texas Court of Appeals rejected a contractor’s appeal of a trial court order denying the contractor’s motion to compel arbitration in a home construction defect dispute. The appellate court concluded that the theories of… Continue reading Contractor Loses Effort to Bind Remote Home Purchaser to Arbitration Clause
Posture Away, You May Still Get Your Way
Carly Miller and Luke D. Martin | Buildsmart The Sixth Circuit recently reversed a decision from an Ohio federal court related to whether a party waived its arbitration rights through posturing correspondence written prior to the filing of litigation or arbitration. In Borror Property Management, LLC v. Oro Karric North, LLC (No. 2:19-cv-04375), the Sixth Circuit upheld… Continue reading Posture Away, You May Still Get Your Way
Arbitrator Snooze … You Lose? A Reminder To Raise Specific Objections To An Arbitrator First, Or Risk Forfeiting Them On Appeal
Gregory N. Heinen | Foley & Lardner You represent a business owner who ends up arbitrating a dispute with a supplier. After spending tons of time and money preparing for the 5-day evidentiary hearing, you look up to hear snoring from the arbitrator – he fell asleep for part of the proceedings! Surely you’ll be able to get the… Continue reading Arbitrator Snooze … You Lose? A Reminder To Raise Specific Objections To An Arbitrator First, Or Risk Forfeiting Them On Appeal