Compel Arbitration

240 Florida cases classified under this topic · sorted by citation count · see the citation graph · browse and sort

• United Indus. Workers v. The Kroger Co.
  900 F.2d 944· 6th Cir.· 1990-04-12 ·cited 6×
  A party cannot compel tripartite arbitration if it has not filed a grievance under the collective bargaining agreement with the third party, as this would contradict the agreement's terms and potentially lead to conflicting arbitration outcomes.
• A.G. Edwards & Sons, Inc. v. Petrucci
  525 So. 2d 918· Fla. 2d DCA· 1988-04-27 ·cited 6×
  A.G. Edwards & Sons and its broker James Pinkerton appealed a trial court order vacating an arbitration award in their favor, where the appellees sought to vacate based on alleged fraud by an expert witness with falsified credentials. The court held that state courts have jurisdi
• Manning v. Energy Conversion Devices, Inc.
  833 F.2d 1096· 2d Cir.· 1987-11-20 ·cited 6×
  The court affirmed the district court's order compelling arbitration, finding that the appellants failed to present an adequate basis to oppose or vacate the order despite procedural irregularities.
• Mun. Energy Agency OF Miss. v. BIG Rivers Elec. Corp.
  804 F.2d 338· 5th Cir.· 1986-11-17 ·cited 6×
  The court held that the district court did not err in staying the declaratory judgment action pending arbitration and in refusing to enjoin the separate action to compel arbitration.
• Lake Plumbing, Inc. v. Seabreeze Constr. Corp.
  493 So. 2d 1100· Fla. 2d DCA· 1986-09-10 ·cited 6×
  The court held that the trial court erred in denying the motion to dismiss and compel arbitration because the parties' subcontract contained a clear and binding arbitration clause.
• Fogarty v. Piper
  781 F.2d 662· 8th Cir.· 1986-01-15 ·cited 6×
  The court held that arbitration agreements are enforceable under the Federal Arbitration Act, and the appellants did not waive their right to arbitration.
• In re Arb. between Maria Victoria Naviera, S.A. v. Cementos del Valle, S.A.
  759 F.2d 1027· 2d Cir.· 1985-04-04 ·cited 6×
  The court held that the district court did not err in compelling arbitration and denying dismissal on forum non conveniens grounds, as the arbitration agreement was broad and the parties consented to the forum by agreeing to arbitrate.
• Int'l Ass'n OF MacHinists & Aerospace Workers v. United Techs. Corp.
  704 F.2d 569· 11th Cir.· 1983-05-02 ·cited 6×
  The trial court erred by converting a motion to dismiss into a summary judgment without proper notice, thus the judgment must be reversed.
• Local NO. 6 v. Boyd G. Heminger, Inc.
  483 F.2d 129· 6th Cir.· 1973-08-09 ·cited 6×
  The court held that the district court erred in refusing to compel arbitration by improperly assessing the merits of the unions' claims.
• Massa Inv. Grp. LLC v. Michael Ridard Hospitality LLC
  Fla. 3d DCA· 2020-08-19 ·cited 5×
  The appellate court reversed a trial court's order compelling arbitration for non-signatories to an employment agreement. The court held that an evidentiary hearing was required to determine if any exceptions to the general rule against compelling non-signatories to arbitrate app
• Mathieu Massa v. Ridard
  306 So. 3d 1106· Fla. 3d DCA· 2020-08-19 ·cited 5×
  The appellate court reversed a trial court's order compelling arbitration for non-signatories to an employment agreement. The court held that an evidentiary hearing was required to determine if exceptions to compelling arbitration applied, especially when no evidence was presente
• Magnetic Imaging Sys. v. Prudential Prop. & Cas. Ins. Co.
  847 So. 2d 987· Fla. 3d DCA· 2003-03-12 ·cited 5×
  Magnetic Imaging Systems, a medical provider assignee of PIP insurance benefits, appealed a summary judgment denying it attorney's fees after Prudential Insurance paid late PIP benefits. The court reversed, holding that Prudential's payment after suit was filed constituted a conf
• Allstate Ins. Co. v. Banaszak
  561 So. 2d 465· Fla. 4th DCA· 1990-05-23 ·cited 5×
  Allstate Insurance appeals a trial court order compelling arbitration of an uninsured motorist claim, arguing that the threshold issue of coverage eligibility must be decided by the court before damages can go to arbitration. The court agrees and reverses, holding that whether an
• Keith v. State Farm Mut. Auto. Ins. Co.
  240 So. 2d 202· Fla. 3d DCA· 1970-10-27 ·cited 5×
• Est. OF Robert F. Reinshagen v. Wryp ALF, LLC
  190 So. 3d 224· Fla. 5th DCA· 2016-04-29 ·cited 4×
  The Estate of Robert F. Reinshagen appealed an order compelling arbitration of negligence claims against an assisted living facility. The Fifth District Court of Appeal reversed, holding that arbitration agreement provisions capping noneconomic damages and precluding punitive dam
• Nunez v. Westfield Homes OF Fla., Inc.
  925 So. 2d 1108· Fla. 2d DCA· 2006-04-05 ·cited 4×
  Westfield Homes appealed an order compelling arbitration of homeowners' building code violation claims. The court reversed, holding that the Limited Home Warranty's arbitration clause applies only to warranty disputes, and the homeowners' building code claims fall outside the war
• Jacquelyn B. Algayer v. The Health Ctr. OF Panama City, Inc.
  866 So. 2d 75· Fla. 1st DCA· 2003-11-21 ·cited 4×
  An 83-year-old nursing home resident signed an admission agreement containing an arbitration clause upon arrival. His wife, who signed as attorney-in-fact the next day without reviewing the arbitration provisions, later sued for malpractice after his death. The trial court compel
• Rd. Sprinkler Fitters Local Union v. Cont'l Sprinkler Co.
  967 F.2d 145· 5th Cir.· 1992-07-28 ·cited 4×
  The court held that it lacked appellate jurisdiction to hear the appeal from a partial summary judgment in a consolidated case where there was no Rule 54(b) certification.
• United Food & Commercial Workers Local 100A v. John Hofmeister AND SON
  950 F.2d 1340· 7th Cir.· 1991-12-26 ·cited 4×
  The court held that an employer waived its defense to a back pay award by failing to raise it before the arbitrator, and that the six-month statute of limitations from the NLRA applies to actions to compel arbitration under § 301.
• Whiteside v. Teltech Corp.
  940 F.2d 99· 4th Cir.· 1991-07-31 ·cited 4×
  The district court erred by refusing to exercise its independent duty to adjudicate a claim brought under the Federal Arbitration Act (FAA) to compel arbitration, even when a related dispute is pending in state court.
• James A. Privitera, M.D. v. Cal. Bd. OF Med. Quality Assurance
  926 F.2d 890· 9th Cir.· 1991-02-25 ·cited 4×
  The court held that the district court's stay order, which effectively denied a preliminary injunction, was immediately appealable and that the stay itself was improper as it did not meet the criteria for any established abstention doctrine. The court also found that the district
• United Paperworkers Int'l v. ITT Rayonier, Inc.
  752 F. Supp. 427· M.D. Fla.· 1990-09-06 ·cited 4×
  The court held that the timeliness of a grievance filed under a collective bargaining agreement is an issue for the arbitrator, not the court, to decide.
• PMS Distrib. Co., Inc. v. Huber & Suhner
  863 F.2d 639· 9th Cir.· 1988-08-19 ·cited 4×
  The majority erred in holding that the writ of possession was not appealable, as it was issued post-judgment in a section 4 FAA proceeding.
• Butchers v. Hebrew Nat'l Kosher Foods, Inc.
  818 F.2d 283· 2d Cir.· 1987-05-11 ·cited 4×
  The court held that the question of whether a relocation decision was made during the term of a collective bargaining agreement is an arbitrable issue, even if the claim is raised after the agreement's expiration, unless the contract expressly prohibits it.
• Ibtcwha v. W. AIR Lines, Inc.
  813 F.2d 1359· 9th Cir.· 1987-03-31 ·cited 4×
  The court held that disputes concerning the interpretation and application of collective bargaining agreements, even in the context of a merger, are minor disputes under the Railway Labor Act and are arbitrable, not subject to the exclusive jurisdiction of the National Mediation
• Davidson v. Foshee Enters., Inc.
  467 So. 2d 1118· Fla. 1st DCA· 1985-05-03 ·cited 4×
  The Florida District Court of Appeal reviewed a non-final order disposing of motions to dismiss a third-party complaint. The court vacated the portion of the order that improperly placed the burden of initiating arbitration proceedings on the third-party defendants, holding that
• Weinstein v. Am. Mut. Ins. Co. OF Boston
  376 So. 2d 1219· Fla. 4th DCA· 1979-11-21 ·cited 4×
  The court held that an insured injured in a motor vehicle accident may compel arbitration under uninsured/underinsured motorist coverage without first obtaining a judgment or settlement from the alleged tortfeasor's liability insurer. The trial court's policy provision requiring
• OIL v. Am. OIL Co.
  528 F.2d 252· 10th Cir.· 1976-01-15 ·cited 4×
  The court held that the grievance concerning an employee's disability retirement was not arbitrable because the collective bargaining agreement expressly excluded issues related to the employee benefit plans, including retirement, from arbitration.
• Damora v. Givotovsky
  301 So. 2d 37· Fla. 4th DCA· 1974-04-05 ·cited 4×
• Frank J. Rooney, Inc. v. Food Fair Indus., Inc.
  254 So. 2d 30· Fla. 3d DCA· 1971-11-02 ·cited 4×
  A contractor and architect appealed an order compelling arbitration in a construction dispute with a property owner. The court affirmed the trial judge's decision, holding that both parties were contractually bound to arbitrate and that the arbitration clause had not expired by l
• Int'l Bhd. of Teamsters v. Stillpass Transit Co., Inc.
  386 F.2d 983· D.C. Cir.· 1967-10-30 ·cited 4×
  The court held that the motion to stay proceedings and compel arbitration was properly denied because the International Union's status as a party bound by the collective bargaining agreement was undecided.
• E. Marine Corp. v. Fukaya Trading Co., S.A.
  364 F.2d 80· 5th Cir.· 1966-07-25 ·cited 4×
  The arrival of a chartered vessel at the loading wharf is not a condition precedent to the owner's right of arbitration under a government form time charter.
• Local Union NO. 24, Int'l Bhd. OF Elec. Workers, AFL-CIO v. The Hearst Corp.
  352 F.2d 957· 4th Cir.· 1965-11-02 ·cited 4×
  The court held that the arbitration clause in the collective bargaining agreement was susceptible to an interpretation covering the dispute over whether the employer's suspension of work constituted a lockout, and thus the dispute was arbitrable.
• Truck Drivers & Helpers Local Union NO. 728 v. Ga. Hwy. Express, Inc.
  328 F.2d 93· 5th Cir.· 1964-01-31 ·cited 4×
  The court held that federal courts have jurisdiction under Section 301 to enforce arbitration awards, and that a party cannot use its own noncompliance with a contract provision as a defense to avoid an award.
• Gulf OIL Corp. v. Int'l Union OF Operating Eng'rs, Local NO. 715, AFL-CIO
  279 F.2d 533· 5th Cir.· 1960-06-24 ·cited 4×
  The court held that the employer could be required to arbitrate the discharge of an employee because the dispute, as framed by the contract's provisions, arose under the collective bargaining agreement.
• Roberts v. Progressive Cas. Ins. Co.
  2023 WL 4228182· S.D. Fla.· 2025-12-22 ·cited 3×
  The district court reviewed a magistrate judge's report and recommendation on Progressive Casualty Insurance Company's motion to compel arbitration in a dispute with Anthony J. Roberts. The court adopted the magistrate judge's recommendation in full, granted the motion to compel
• City of Hollywood v. Perrin
  292 So. 3d 808· Fla. 4th DCA· 2020-03-25 ·cited 3×
  The trial court lacked jurisdiction to order arbitration because the employee's grievance arguably constituted an unfair labor practice within PERC's exclusive jurisdiction. Additionally, the collective bargaining agreement reserved to the union alone the right to arbitrate contr
• The Residences AT the Bath Club v. Bath Club Ent., LLC
  166 So. 3d 910· Fla. 3d DCA· 2015-06-17 ·cited 3×
  The Residences at the Bath Club associations appealed a trial court order that denied their motion to enforce an arbitration award and compelled arbitration of certain claims. The appellate court reversed in part and affirmed in part, holding that the indoor dining claim was prop
• THE United Eng'g & Foundry Emps. Ass'n Indep. Union v. United Eng'g & Foundry Co.
  389 F.2d 479· 3d Cir.· 1967-12-19 ·cited 3×
  The court held that the grievance concerning an alleged oral agreement for a wage increase is within the purview of the arbitration clause of the collective bargaining agreement.
• Black Knight Servicing Techs., LLC v. PennyMac Loan Servs., LLC
  310 So. 3d 1116· Fla. 1st DCA· 2021-01-06 ·cited 2×
  The appellate court affirmed a trial court's order compelling arbitration. Black Knight argued PennyMac waived its right to arbitration by filing a separate lawsuit, but the court found no evidence of intent to relinquish the arbitration right, and any doubts were resolved in fav
• DEA v. PH Fort Myers, LLC
  208 So. 3d 1204· Fla. 2d DCA· 2017-01-13 ·cited 2×
  The Estate of Caroline Dea appealed an order compelling arbitration of claims against Lamplight of Fort Myers. The court reversed, holding that Lamplight, as a successor-in-interest to the original facility, could not enforce an arbitration agreement to which it was not a party a
• Drew Rosenhaus v. Star Sports, Inc.
  929 So. 2d 40· Fla. 3d DCA· 2006-04-26 ·cited 2×
  Drew and Jason Rosenhaus and their company appealed the denial of their motion to compel arbitration in a tortious interference case brought by Star Sports. The court held that disputes between contract advisors regarding interference with marketing agreements fall within the sco
• Caldwell v. Jacques R. Caldwell
  915 So. 2d 728· Fla. 5th DCA· 2005-12-02 ·cited 2×
  Karen Caldwell appeals an order compelling arbitration of marital property division issues under an antenuptial agreement. The court affirmed, holding that Jacques Caldwell did not waive his right to arbitration by failing to demand it before the validity of the antenuptial agree
• Garcia v. State Farm Mut. Auto. Ins. Co.
  766 So. 2d 430· Fla. 5th DCA· 2000-08-25 ·cited 2×
  Garcia appeals an order compelling arbitration of her PIP claim against State Farm. The court reverses because the statute mandating arbitration was declared unconstitutional, and alternatively, because the statute by its own terms applies only to disputes between insurers and me
• Irena Eugenia SAS v. Phoenix Graphics, L.C.
  700 So. 2d 422· Fla. 3d DCA· 1997-10-01 ·cited 2×
  The court held that arbitration was properly compelled for claims related to the underlying agreements, but erred in denying non-parties' participation in that arbitration.
• Washington-Baltimore Newspaper Guild v. THE Wash. Post
  959 F.2d 288· D.C. Cir.· 1992-03-20 ·cited 2×
  The court held that where a collective bargaining agreement expressly provides that disputes over arbitrability should be submitted to an arbitrator, the arbitrator must decide arbitrability first.
• Nat'l Dev. Co. v. Triad Holding Corp.
  930 F.2d 253· 2d Cir.· 1991-04-15 ·cited 2×
  Service of process at a person's dwelling house or usual place of abode is valid under Rule 4(d)(1) even if the person has multiple residences, provided the location has sufficient indicia of permanence and the person is residing there at the time of service.
• Nat'l Post Off. Mail Handlers v. Am. Postal Workers Union, Afl-Cio
  907 F.2d 190· D.C. Cir.· 1990-07-03 ·cited 2×
  The court held that the APWU is precluded from relitigating the issue of tripartite arbitrability due to collateral estoppel, as it was decided against them in an indistinguishable case by the Ninth Circuit.
• Distillery, Wine & Allied Workers Int'l Union, Local Union NO. 32, AFL-CIO v. Nat'l Distillers & Chem. Corp.
  894 F.2d 850· 6th Cir.· 1990-01-30 ·cited 2×
  The court held that the Chemical Division of National Distillers, though not a signatory to the collective bargaining agreement, is bound by its arbitration provisions due to its status as a single employer with the Liquor Division.
• Queipo v. Prudential Bache Sec., Inc.
  867 F.2d 721· 1st Cir.· 1989-02-09 ·cited 2×
  Orders denying a stay of proceedings and compelling arbitration are not immediately appealable under the collateral-order doctrine because the potential inconvenience of proceeding with litigation or arbitration does not constitute irreparable harm.