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Fla. 3d DCA·
2020-08-19
The appellate court reversed a trial court's order compelling arbitration for non-signatories to an employment agreement. The court found that the trial court erred by not holding an evidentiary hearing to determine if exceptions to compelling arbitration applied to the non-signa
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S.D. Fla.·
2020-07-13
The court held that claims against the accounting firm are subject to arbitration, but claims against the individual CPA are not, as he did not sign the arbitration agreement in his individual capacity.
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M.D. Fla.·
2020-06-23
The court held that the plaintiff received constitutionally adequate process and that his claims are barred by the availability of adequate state remedies, and that the arbitration claim fails due to lack of jurisdiction and the defendant not being a party to the arbitration agre
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M.D. Fla.·
2020-04-15
The court held that the Board of Trustees is an arm of the state entitled to sovereign immunity, and the plaintiff failed to demonstrate a waiver of immunity or applicability of an exception, and that the complaint contained shotgun pleading.
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S.D. Fla.·
2019-11-07
The court held that individual plaintiffs, who were not signatories to the arbitration agreements between their corporations and the defendant, could not be compelled to arbitrate their FLSA claims.
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223 So. 3d 1109·
Fla. 3d DCA·
2017-07-05
The court held that the trial court correctly deferred the determination of the validity and applicability of arbitration provisions to an arbitrator, as mandated by the parties' agreements.
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216 So. 3d 14·
Fla. 5th DCA·
2016-07-15
The Florida Fifth District Court of Appeal reversed a trial court order compelling arbitration of medical malpractice claims, holding that an arbitration agreement between patients and a hospital was void as against public policy because it selectively incorporated only some, rat
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Del. Ch.·
2015-04-15
The Court of Chancery denied the defendants' motion to dismiss or stay the plaintiff's complaint. The court held that a non-exclusive forum selection clause in the redemption agreement displaced the McWane first-filed doctrine, that the plaintiff did not violate Court of Chancery
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128 So. 3d 904·
Fla. 3d DCA·
2013-12-18
Bryan Construction sought to compel arbitration of a shipping damage dispute with Bimini Shipping under a broad arbitration clause in their contract. The trial court dismissed Bryan's complaint based on a one-year statute of limitations under the Carriage of Goods by Sea Act (COG
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361 F. Supp. 2d 1045·
S.D. Fla.·
2012-10-17
The court held that it lacked subject matter jurisdiction over disputes concerning the interpretation and application of collective bargaining agreements under the Railway Labor Act, and that claims involving purely foreign flying are outside the RLA's scope.
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795 F. Supp. 2d 1321·
M.D. Fla.·
2011-06-11
The court held that the dispute resolution clause in the Operating Agreement, despite using the term 'mediation,' constituted a binding agreement to arbitrate, encompassing all claims filed by the plaintiffs.
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20 So. 3d 457·
Fla. 4th DCA·
2009-10-28
The court held that the marital settlement agreement, even when incorporated by reference into the final judgment, did not contain an agreement to arbitrate family law matters such as child support, visitation, or setting aside the judgment.
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981 So. 2d 473·
Fla. 3d DCA·
2007-12-19
The court held that a party not named in an agreement containing an arbitration clause cannot compel arbitration of claims that sound in tort and arise from duties independent of the contract.
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966 So. 2d 1000·
Fla. 4th DCA·
2007-10-10
The court held that the lease unambiguously required arbitration to determine the cost of replacement for building damage.
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964 So. 2d 865·
Fla. 4th DCA·
2007-09-19
Weiss Capital Management appealed an order compelling it to arbitrate a dispute with former investment advisor Wesley Crowder and his new employer Morgan Stanley. The court reversed, holding that WCM had no express arbitration agreement with Crowder and could not be forced to arb
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Del. Ch.·
2007-03-01
The Court held that the dispute concerning the customer's concerns must be arbitrated before the Settlement Accountant, as dictated by the Merger Agreement. The Court further held that Matria's fraud claims must be dismissed because they are subject to the agreement's arbitration
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944 So. 2d 457·
Fla. 4th DCA·
2006-11-22
In a dispute arising from the termination of a law partner and subsequent redemption of her membership interest in a limited liability company, the court reversed a trial court order that compelled arbitration of all claims and stayed proceedings. The court found that the law fir
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902 So. 2d 196·
Fla. 2d DCA·
2005-04-08
The court held that the trial court erred in granting a temporary injunction compelling arbitration because it lacked personal jurisdiction over the defendants and the defendants had already submitted to the dispute resolution procedures.
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314 F. Supp. 2d 1246·
S.D. Fla.·
2004-03-01
The court held that the Federal Arbitration Act mandates arbitration of disputes arising from maritime salvage contracts containing arbitration provisions, unless the making of the arbitration agreement itself is in issue.
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842 So. 2d 197·
Fla. 3d DCA·
2003-03-26
American Home Assurance Company and Odebrecht Construction, Inc. appeal from a trial court order denying their motion to dismiss and compel arbitration in a construction dispute. The Third District Court of Appeal reversed, holding that the subcontractor's contractual agreement t
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786 So. 2d 647·
Fla. 4th DCA·
2001-06-06
Weiss & Woolrich sought to compel arbitration of a breach of contract dispute with AAGAARD-HARBIN Construction under their subcontract. The trial court dismissed the complaint, reasoning that Weiss & Woolrich had waived its arbitration right by participating in a related lawsuit
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624 So. 2d 323·
Fla. 1st DCA·
1993-09-03
Appellant challenged a dismissal of her conversion claim against a moving company for allegedly selling her stored household goods instead of transferring them as promised. The court reversed the dismissal, holding that appellant's motion to compel payment of arbitration fees con
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994 F.2d 674·
9th Cir.·
1993-05-28
The statute of limitations for an action to compel arbitration under § 301 of the LMRA accrues only when the employer communicates an unequivocal, express rejection of the union's request for arbitration; constructive notice is insufficient.
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992 F.2d 205·
8th Cir.·
1993-05-05
The court held that the Unions have not waived their right to return to arbitration for further proceedings, as the prior arbitration award was vacated and the arbitrator exceeded his authority.
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939 F.2d 513·
7th Cir.·
1991-08-12
The court held that the district court erred in dismissing Sharp's petition for lack of subject matter jurisdiction, as the amount in controversy, including potential punitive damages, could exceed $50,000.
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904 F.2d 9·
7th Cir.·
1990-06-06
The court held that the Nolde presumption of arbitrability does not apply to grievances arising six months after the expiration of a collective bargaining agreement.
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882 F.2d 399·
9th Cir.·
1989-08-11
The court held that the corporation's conduct did not effectively repudiate the pre-hire agreement, and therefore, the grievance must be submitted to arbitration.
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814 F.2d 1324·
9th Cir.·
1987-04-10
The court held that the district court did not err in appointing an umpire when the parties reached an impasse in selecting one, as the Federal Arbitration Act permits court appointment in such circumstances.
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481 So. 2d 1004·
Fla. 4th DCA·
1986-01-29
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778 F.2d 1562·
11th Cir.·
1986-01-02
An employer was properly compelled to arbitrate an employee's grievance because the arbitration clause in the collective bargaining agreement, under the presumption of arbitrability, could reasonably be interpreted to cover the dispute.
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704 F.2d 329·
6th Cir.·
1983-04-11
The court held that disputes over contracting out work and the interpretation of a realignment plan are subject to arbitration under the collective bargaining agreement.
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668 F.2d 821·
5th Cir.·
1982-02-25
The court held that the district court erred in deciding the merits of the grievance rather than ordering arbitration, as federal labor policy strongly favors arbitration.
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372 So. 2d 207·
Fla. 3d DCA·
1979-06-26
Vigilant Insurance Company appealed a summary judgment requiring it to arbitrate an uninsured motorist claim. The court held that the question of whether the tortfeasor's vehicle was insured—which determines coverage eligibility—must be decided by the court, not by arbitration, a
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359 So. 2d 921·
Fla. 3d DCA·
1978-06-20
Richard Morris sought coverage under his father's uninsured motorist insurance policy after being injured while driving his brother's car. The trial court denied coverage based on an exclusionary clause, but the appellate court reversed, holding that the exclusionary clause did n
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358 So. 2d 109·
Fla. 3d DCA·
1978-05-02
Ileana Torres was struck by a hit-and-run driver while truant from school. Her parents initially received false information about the cause of her injuries, and notified their insurance company of the uninsured motorist claim approximately two weeks after the accident. The insure
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500 F.2d 766·
6th Cir.·
1974-07-18
The court held that the Memorandum of Understanding did not obligate the owner to arbitrate disputes with the union, as the owner was not a party to the agreement in its capacity as a contractor.
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32 Fla. Supp. 136·
Dade Cty. Cir. Ct.·
1969-07-07
An insurance company sought to compel arbitration and require an insured to comply with policy provisions requiring medical authorizations, physical examination, oral examination, and written interrogatories before arbitration proceedings commence. The court held that such discov
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386 F.2d 95·
1st Cir.·
1967-12-08
The court held that the district court's finding of an oral renewal of the local collective bargaining agreement in New York was unsupported by evidence.