A special Superior Court Judge in North Carolina granted a motion to compel arbitration despite the agreement not allowing for discovery. According to the National Law Review, the provision in the matter of Taggart v. Physicians Pharmacy Alliance stated, “it is...
The Supreme Court has declined to review a Texas court’s ruling on a case involving arbitration of a nursing home wrongful death lawsuit. The case, Perez v. The Fredericksburg Care Co., was brought against the Fredericksburg Care Co. of San Antonio, TX, by the...
The New York Times once again has pointed out the atrocity of arbitration. The most recent story, published Dec. 22, tells of a man who was sued over an old debt, yet was blocked from suing back. According to the Times, “Clifford Cain Jr., a retired electrician...
The Supreme Court of Hawaii ruled recently that if a neutral arbitrator fails to meet disclosure requirements, it constitutes “evident partiality” as a matter of law, and requires the vacatur of the arbitrator’s award. The dispute involved homeowners who claimed their...
Arbitrators, like judges, have immunity, meaning they can’t be sued. That leaves the consumer who learns after-the-fact that an arbitrator ruled on a case despite a conflict-of-interest with no legal recourse. When an arbitrator is selected through an...
