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Access over workers' compensation decisions, including En Banc, Significant Panel Decisions, and writ-denied cases.

Case No. 15-0674
Regular Panel Decision
Nov 16, 2015

in Re Forum Studio, Inc. and Clayco, Inc.

Intellicenter Dallas Investments LLP initiated an arbitration against Forum Studio, Inc. and Clayco, Inc. regarding alleged design and construction defects in an office building project. Intellicenter sought damages for breach of contract, negligent misrepresentation, and fraud due to insufficient structural design in tilt-wall panels. Forum Studio and Clayco, in turn, filed an application in District Court to stay the arbitration, arguing Intellicenter failed to comply with Texas' "Certificate of Merit" requirements and that its claims were time-barred by contract. The District Court denied the application to stay arbitration and a temporary restraining order. Subsequently, an arbitration panel ruled that Clayco's motion to dismiss based on statutes of limitations was granted, but Forum Studio's similar motion was denied. This appendix supports the Real Party in Interest's response to a petition for a writ of mandamus in the Supreme Court of Texas concerning these underlying proceedings.

Construction DefectsArbitrationStatutes of LimitationsCertificate of MeritMandamusContract DisputeDesign-Build ContractStructural EngineeringTilt-Wall PanelsTexas Law
References
69
Case No. MISSING
Regular Panel Decision

In re the Arbitration between Board of Higher Education & Professional Staff Congress/CUNY

This case addresses a petition to stay arbitration initiated by a petitioner against a respondent, representing Sandra Davis and Luis Rodriquez-Abad. The grievants, non-reappointed instructional staff at CUNY (Hunter College), sought arbitration alleging discrimination. The petitioner refused to process these grievances, citing a collective bargaining agreement clause (Section 20.7) that precludes arbitration for discrimination claims if a party has filed a claim in court or with a governmental agency. Sandra Davis had filed a Title VII lawsuit, and Luis Rodriquez-Abad had filed a complaint with the New York State Division of Human Rights. The court, referencing Alexander v. Gardner-Denver Co., ruled that while statutory rights cannot be prospectively waived, the contractual right to arbitration can be waived if a superior forum is chosen. Consequently, the court granted the petition to stay arbitration of the discrimination claim, allowing other claims to proceed to arbitration.

ArbitrationStay of ArbitrationCollective Bargaining AgreementDiscriminationNonreappointmentTenureGrievance ProcedureTitle VIICivil Rights ActExecutive Law
References
8
Case No. MISSING
Regular Panel Decision

In re of the Arbitration between Town of Evans & International Brotherhood of Electrical Workers

Petitioner appealed an order from the Supreme Court, Erie County, which denied its petition to stay arbitration, granted respondent's counterclaim to compel arbitration, and denied both parties' requests for attorney's fees and sanctions. The petitioner had terminated an accountant, Elmar Kiefer, for alleged sexual abuse and misuse of resources. Respondent filed a grievance on Kiefer's behalf, leading to a demand for arbitration under their collective bargaining agreement. Petitioner sought to stay arbitration, arguing it was against public policy as an arbitrator might reinstate Kiefer. The court affirmed the lower court's decision, stating that the public policy argument was premature and that courts should not pre-emptively assume an arbitrator will exceed their powers or violate public policy. The court also denied attorney's fees and sanctions for both parties.

ArbitrationPublic PolicyCollective Bargaining AgreementSexual HarassmentMisconductAttorney's FeesSanctionsAppellate ReviewGrievanceEmployment Termination
References
5
Case No. MISSING
Regular Panel Decision

Eveready Insurance v. Lumberman's Mutual Casualty Co.

This case involves an appeal from an order that directed arbitration regarding an arbitrator's award. Initially, an arbitrator found the respondent, a Workers' Compensation carrier, liable to the petitioner, a no-fault carrier, for approximately $1,100. Later, for additional damages, the arbitrator found the respondent failed to sustain its burden of proof. Arbitration Forums, Inc. subsequently vacated this latter award, stating the arbitrator improperly reconsidered liability. The appellate court reversed the lower court's order, ruling that Arbitration Forums, Inc. lacked the authority to vacate the award and that the determination of an arbitration award's validity rests with the Supreme Court. The petitioner's application for a stay of arbitration was granted, and the original arbitration award was reinstated.

Intercompany Loss ArbitrationInsurance LawArbitration Award ValidityAppellate ReviewArbitrator AuthorityNo-Fault InsuranceWorkers' CompensationStay of ArbitrationSupreme Court Jurisdiction
References
1
Case No. MISSING
Regular Panel Decision

In re the Arbitration between I. S. Joseph Co. & Toufic Aris & Fils

The Supreme Court affirmed a judgment dismissing Joseph's petition to stay arbitration and granting Toufic's cross-petition to compel arbitration, concurrently vacating an earlier stay pending appeal. The dispute arose from an oral grain sale agreement between Joseph, a Minnesota seller, and Toufic, a buyer from France and Lebanon, where both parties exchanged telex confirmations that largely agreed but had minor differences, and crucially incorporated a North American Export Grain Association (NAEGA) contract containing a broad arbitration clause enforceable in New York. The court determined that a valid agreement to arbitrate existed, asserting that New York law governed the arbitration provision due to its significant contacts, irrespective of the performance location. The majority opinion found the arbitration agreement valid, with some justices viewing it as part of a valid sales contract under UCC 2-207(2)(b), while others deemed the arbitration clause separable. Justice Nunez dissented, arguing for a remand to ascertain the validity of the underlying sales agreement, highlighting telex discrepancies and the non-execution of a formal contract as crucial factors impacting the arbitration agreement's existence.

Arbitration AgreementContract FormationChoice of LawUniform Commercial CodeInternational TradeGrain SaleTelex ConfirmationNAEGA ContractMaterial AlterationSeparability Doctrine
References
9
Case No. MISSING
Regular Panel Decision
Mar 26, 1976

In re the Arbitration between S. M. Rose Corp., & Meyers

The Supreme Court, Bronx County, affirmed a judgment denying the employer's application to stay arbitration and granting the union's cross-petition to compel arbitration. The court emphasized the strong federal and state policy favoring arbitration for labor disputes. It ruled that the employer's objections, including those related to subcontracting and consulting employees on repair estimates, were arbitrable as per CPLR 7501, which states courts should not consider the merits of a claim when deciding arbitrability. The court also dismissed the employer's antitrust argument, finding no prima facie showing that the union's proposals would violate antitrust laws.

ArbitrationLabor DisputeCollective Bargaining AgreementSubcontractingAntitrust LawArbitrabilityCPLR 7501Court of AppealsAppellate DivisionSupreme Court
References
4
Case No. MISSING
Regular Panel Decision

In re the Arbitration between Dworkes & Chalek

This case involves an application by a petitioner to stay arbitration against respondent Chalek, stemming from disputes related to a partnership agreement dated July 18, 1961. The partnership agreement includes an arbitration clause for controversies arising out of the contract. The petitioner argued that the disputes were not subject to arbitration due to unambiguous terms, lack of explicit arbitrator permission for interpretation, and the improper inclusion of an agreement without an arbitration clause. The court found the petitioner's contentions without merit, affirming that while the court determines if an arbitrable dispute exists, the interpretation of a broadly agreed-upon arbitration clause is for the arbitrators. Consequently, the motion to stay arbitration was denied, the petition dismissed, and the parties were directed to proceed to arbitration.

ArbitrationContract InterpretationPartnership DisputeStay of ArbitrationMotion DeniedArbitrabilityScope of ArbitrationAmerican Arbitration AssociationDispute ResolutionJudicial Review
References
3
Case No. MISSING
Regular Panel Decision

Matter of TCR Sports Broadcasting Holding, LLP v. WN Partner, LLC

This dissenting opinion addresses an arbitration dispute over telecast rights fees between the Baltimore Orioles/MASN and the Washington Nationals, administered by Major League Baseball (MLB). MASN and the Orioles sought to vacate the arbitration award, alleging evident partiality due to conflicts of interest involving the Nationals' law firm, an MLB loan to the Nationals, and MLB's significant influence. While the Supreme Court vacated the award, it remanded the matter to the same arbitral forum (RSDC). The dissent argues that MLB's pervasive bias, financial stake, and the Commissioner's public statements prevent a fundamentally fair rehearing by the RSDC, necessitating referral to a neutral forum like the American Arbitration Association to preserve arbitration integrity.

ArbitrationEvident PartialityContract ReformationJudicial Review of ArbitrationSports LawBaseball IndustryConflict of InterestArbitrator BiasArbitral Forum SelectionDissenting Opinion
References
23
Case No. MISSING
Regular Panel Decision

In re the Arbitration between Jandrew & County of Cortland

Petitioner, a County of Cortland employee, was terminated for failing to maintain a valid driver's license and for failing to disclose a prior conviction on job applications. The petitioner's grievance was submitted to binding arbitration, resulting in an award for reinstatement with back pay and benefits. The County appealed the Supreme Court's order confirming the arbitration award, arguing issues of arbitrability, the arbitrator exceeding authority, and public policy violations. The Appellate Division affirmed the Supreme Court's order, ruling that the County waived its right to contest arbitrability by participating in arbitration and that the arbitrator's decision did not exceed authority or violate public policy.

ArbitrationCollective Bargaining AgreementGrievanceEmployee TerminationDriver's LicenseUndisclosed ConvictionArbitrabilityPublic PolicyWaiverCivil Service Law
References
21
Case No. MISSING
Regular Panel Decision

In re the Arbitration between Agress & Brouillet

Petitioner sought an order to direct arbitration against the respondents after they allegedly refused to permit the petitioner to complete a contract for work, labor, and services on the respondents' premises. The contract included a specific arbitration clause covering disputes concerning the construction/meaning of specifications or the true value of extra work. The respondents opposed, arguing that the issue of contract termination or its justification was not covered by the arbitration clause. The court, citing precedent, determined that the arbitration clause was limited and did not encompass disputes regarding a breach of contract by either party. Consequently, finding no arbitrable dispute under the contract, the court denied the motion to direct arbitration.

ArbitrationContract DisputeScope of Arbitration ClauseMotion to Compel ArbitrationBreach of ContractLimited Arbitration Clause
References
3
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